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  1. #1
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    Aug 2017
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    Default Speeding Ticket in Washington

    My question involves a traffic ticket from the state of: Washington

    I'm hoping someone here might have some advice on how to fight this speeding ticket from South Bend, Washington. I am certain I was not speeding and that the officer has made a mistake but I'm not sure I can prove it. In looking over these boards, everyone here seems extremely helpful and I'm hopeful there may be a way to see justice prevail.

    I was driving down Highway 101 in Washington with a speed limit of 55mph. Mile post 53, where the officer said he clocked my speed, is a quarter mile away from a speed zone that drops to 40mph and then to 30mph another quarter mile down the road. I was pulled over and was asked if I knew how fast I was going to which I replied I was going 55. He said I was going faster than the speed limit. I responded by telling him that there were 2 cars in front of me and we were all going the speed limit so how could I have exceeded it. He said he clocked my speed further down before I was near the other vehicles. I knew this wasn't true as I had been following these two vehicles for miles, but wasn't about to call him a liar and risk getting a ticket. He asked if I saw him turn around on me and I said I hadn't. Clearly I was following the speed limit in the 40 and 30 mph zones or he would have ticketed me for speeding there instead of the 55mph zone. I think the police were hoping to catch people in the reduced speed zones as I saw many others being pulled over along 101, hence my being sure NOT to speed. I don't believe any of this will help but I wanted to offer context.

    I have gone through the discovery process and received 3 documents, I have provided links below. It doesn't look like there are any inconsistencies in the paperwork but I'm not an expert. I am hoping someone here could look and see if there expert eyes can see anything that might be grounds to have the ticket dismissed. I have never received a speeding ticket in my life and have been driving for well over 15 years.

    I have a contested hearing scheduled for 8/23/17 and was planning to go and argue that the officer may not have accurately read the SMD as he states in his affidavit that my vehicle was not isolated from other vehicles. Though based on my reading here, I'm not sure if that will work as it seems expert testimony may be needed to try and argue any issues with the equipment or operation of it.

    https://ibb.co/kWkisF
    https://ibb.co/gz4nKv
    https://ibb.co/fSVGCF

    Please let me know if anyone sees anything that might help! Thank you all greatly in advance for such a great site and legal resource.

    Nick

  2. #2

    Default Re: Speeding Ticket in Washington

    "I have been properly trained in the use of SMD's by a qualified State of Washington SMD instructor."

    All SMD's ever? Who is this SMD instructor? The officer may believe they are qualified but how can we verify they are? I see he gives no indication that he has been trained to use this Raptor RP-1, I further see no indication that he's been trained beyond it's use as an SMD i.e. he mentions nothing about being trained to perform a tuning fork check.

    "I have successfully operated SMD's since 2016."

    Not sure what this has to do with anything? He's capable of plugging something in and turning it on, that doesn't mean he's capable of operating it correctly and in the prescribed manner. Anyhow, what I would personally focus on is the statement:

    "The SMD's calibration was externally checked by using tuning forks # 52099/48164 before and after the contact, and was working correctly."

    Was he the one who checked the device? Or was it someone else? We have no way of knowing since he never said he personally checked the device only that it was checked. How did he conclude that the device was working correctly? Again there is no evidence that he is trained to check the device. He never mentioned what the results of the checks were only that in his (or someone else's) judgment the device was working correctly. What about all of the other checks besides the tuning fork check? He stated the speed measurement was performed while moving. How was the device calibrated to the speedometer? How was the speedometer checked? What speed was his vehicle reading at the time of the speed measurement?

    So I would, move to suppress the SMD reading for lack of foundation pursuant to ER 602. The officer did not state any personal knowledge that the device was tested.

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