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  1. #1
    Join Date
    Oct 2016
    Posts
    4

    Default Re: Negligent Driving Second Degree by Speeding Only [Washington]

    Thanks again searcher99. I've considered a deferral but I truly believe that 1) I was not going at the speed the officer claimed I was and 2) Was incorrectly charged for a violation that was not reasonable to the situation. So allow me to ask one more thing.

    You mentioned:

    Quote Quoting searcher99
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    That would be a sufficiency motion based on IRLJ 2.1(a) but I believe it is an argument you should NOT bring up because it would stop the judge from considering the officer’s sworn written statement about radar evidence, which helps your defense. Instead the judge would only consider the ticket as prima facie evidence.
    Can you explain why it would not be beneficial for me to try and suppress radar evidence? Would it be logical for me to:
    1) try and dismiss the radar evidence because it was not indicated on the ticket that SMD was involved
    2) argue that there is insufficient evidence that I was going at the speed the officer claims
    3) argue that there was no reason provided within the ticket that I was doing anything else that met the requirements of the violation

    Thanks.

  2. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Negligent Driving Second Degree by Speeding Only [Washington]

    Probably it does not matter whether the SMD box was checked on your ticket because you have been provided with discovery materials clearly indicating radar was used, so I don’t see that working. Also you are charged with Neg2—not speeding, so the judge needs to see the officer’s statement and observe the total lack anything other than speed evidence.

    A few years ago I had a speed ticket with the SMD box also unchecked like yours. When I started a sufficiency motion the judge asked me, “Do you really want to do that?” and then explained that if I did she could not consider anything other than the face of the ticket. I withdrew the motion and asked to view discovery (which I had not previously requested due to the defect on the ticket). Ten minutes later I moved for and was granted suppression of the radar evidence due to an expired calibration certificate. Actually that was my original idea, because all the attorneys were taking advantage of the fact that the city had a strict 1-year recertification policy. In my case this forum ended up being a bit of a distraction.

    Suppressing radar would certainly be beneficial be if there were any clear arguments that would convince a judge to do that. Definitely you should check to see if the cert is filed at the court especially since the prosecutor did nothing to help you find it on the web. Also you might have a weak argument that the officer does not indicate personal knowledge about the speedometer certification (ER 602) and did not provide you any way to verify it (ER 901).

    Your main argument should be to immediately move for dismissal due to no evidence for Neg2 other than speed as I outlined above. If that fails you can attempt to suppress radar but your chances of that are probably not great. All motions are preliminary and should be done before the officer’s report is read into the record and before you are sworn in for testimony. Of course if any motions succeed then you will not need to testify.

  3. #3
    Join Date
    Oct 2016
    Posts
    4

    Default Re: Negligent Driving Second Degree by Speeding Only [Washington]

    Wanted to give an update - I checked if the calibration certificate was filed with the court but was directed to the website and I didn't know if that was 'right' or not. I was offered an amendment to a $250 parking ticket at first by the prosecutor, but after I rejected the offer the prosecutor read through the documents at which point he agreed that there were no grounds for my charge and we ended with a $50 settlement.

    I want to thank searcher99 and this whole community for helping everyone out. This is a great resource for people who don't have other means to navigate the particularities of the legal system. Of over 30 cases that were supposed to be at the hearing, I was the only one that showed up cause the others either settled by phone or had a lawyer representing them. For charges that are truly unjustified, the fact that you have to hire a lawyer cause you don't even know where to start is quite unfair. So thanks for this!

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Negligent Driving Second Degree by Speeding Only [Washington]

    Thanks for the update. I’m assuming that the $50 settlement was probably for a parking charge, although it strikes me as a bit unethical for the prosecutor to attempt to extract any money at all considering that he had no case. Nevertheless I think you did well and achieved a good outcome. Congratulations and best wishes.

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