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  1. #1
    Join Date
    Jan 2017
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    3

    Default Speeding Ticket With Expired SMD Calibration

    My question involves a traffic ticket from the state of: Washington, Pierce County.

    I have received discovery information as follows. If anybody could provide some comments or suggestions to fight this ticket, it will be greatly appreciated.

    https://www.dropbox.com/s/u1b09mvf0z...eding.pdf?dl=0

  2. #2
    Join Date
    Nov 2009
    Posts
    791

    Default Re: Speeding Ticket in Wa

    You can move as follows below, and announce your motion immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony:

    Motion to suppress the speed reading due to lack of foundation: the calibration certificate provided through discovery is expired and does not match the date given in the officer’s statement.

    If the motion is granted, then move for dismissal due to lack of evidence. If a prosecutor is present and attempts to introduce a different certificate you should object because the discovery response was misleading and impeded your ability to formulate a defense.

    If the speed reading is suppressed your case should be dismissed and whatever you allegedly said to the officer will not be considered.

  3. #3
    Join Date
    Jan 2017
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    3

    Default Re: Speeding Ticket in Wa

    Thanks a lot! I will update the result of the hearing on 1/31.

  4. #4
    Join Date
    Feb 2010
    Posts
    151

    Default Re: Speeding Ticket in Wa

    This is probably a situation where a more current certificate exists, even though it was not provided in the discovery. Someone had this happen recently where a current certificate was produced in court and the judged found the defendant guilty. You should be prepared that this could happen and if it does, you should strongly object to it. Not being a lawyer, I cannot recommend how to phrase the objection in legal terms, but if you say something to the account that you object to introducing something that was not provided in discovery, that should get the judge's attention. If the judge overrules your objection you could consider asking for a continuance to review this newly provided evidence.

  5. #5
    Join Date
    Jul 2016
    Location
    Paso Robles, California
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    482

    Default Re: Speeding Ticket in Wa

    Quote Quoting searcher99
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    If the speed reading is suppressed your case should be dismissed and whatever you allegedly said to the officer will not be considered.
    The SMD reading isn't the only evidence that would be presented at the trial. The officer stated that "I estimated the vehicle to be traveling 45+mph, which is above the posted speed limit of 35mph." If he is trained in visual estimations this could be enough for a conviction even without the radar evidence.

  6. #6
    Join Date
    Nov 2009
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    791

    Default Re: Speeding Ticket in Wa

    Quote Quoting prusakolep
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    This is probably a situation where a more current certificate exists, even though it was not provided in the discovery. Someone had this happen recently where a current certificate was produced in court and the judged found the defendant guilty.
    There are notable differences between this thread and the other one you referenced, however. The most important difference is that according to a recent poster Pierce County District Court does not usually have a prosecutor for infraction hearings. That poster got an attorney who apparently wins more easily there because there is no prosecutor. So in this case nobody will be in court to present a more recent certificate.

    The other difference is that the poster for this thread got an expired cert included with discovery materials, whereas the former poster was instructed in discovery to look it up at the court then got blindsided by the prosecutor. His attorney plus one on this forum are inclined to think he will win on appeal.

  7. #7
    Join Date
    Jan 2017
    Posts
    3

    Default Re: Speeding Ticket in Wa

    Thanks searcher99 and prusakolep. I got the ticket dismissed today with the motion to suppress Affidavit of Speed.

    I went to the court and observed traffic infraction hearings last week. There was an attorney got all his eight cases dismissed in five minutes. Some of them were just because of no signature or date on some documents. I reviewed my discovery materials again, and found there was no signature or even name on the Affidavit of Speed. So I decided to try that motion first. It worked!

    BTW, no prosecutor appears.

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