My question involves a traffic ticket from the state of: Washington
background info start
I got a speeding ticket in August, but I wasn't speeding (yeah, I know, everyone says that).. I was in a military vehicle, equipped with a RADAR unit (K Band), an officer was DRIVING behind another vehicle, going the opposite direction, then turned around on me and pulled me over. I was taught NOT to argue on the side of the road.. I told him I 'wasn't paying attention' and apologized, so as to not appear confrontational. The officer noted that I had the RADAR and I told him it was an older military vehicle and I didn't always trust the speedometer, which is why I had the RADAR. I'm licensed to operate on K band frequencies and hold multiple licenses. The officer said I was driving 48 in a 35, then issued a citation for 45 in a 35. Both my RADAR and speedometer were and are functional, and indicated around the speed limit (within a couple MPH +/-) at all times. Might I have been going 36 or 37, possibly...
So, here we go.....
1. The officer indicated he was stationary, but he was moving.
2. The officer indicated he 'estimated' @48MPH and confirmed with RADAR. If he said he thought, I was going 45 or 50, even though I wasn't, it sounds more reasonable than NAILING an exact speed as a guess.
3.RADAR can/does interfere with other RADAR units, even operating in different bands, my RADAR did indicate "RF" shortly before getting pulled over, which is indication of interference to the RADAR.
4. Both of my previous tickets were dismissed, and I have had 3 accidents in the past couple years, NONE of which are my fault, because of idiot WA drivers, and I know that looks bad, so I would appreciate input on addressing that if need be, even though it may not be a legal issue.
background info end
The meat and potatoes....
I filed discovery in Pierce County, WA.
The court clerk said the prosecutor is NOT involved with the case and gave me the documents below.... I dropped off a copy at the prosecutors office just in case, because it wouldn't be the first time I was given incorrect information.
I also included the form I used for discovery in case someone sees something I did incorrectly.. I noted that on the COURT information sheet is says that 'NO SMD CERTS AVAIL' which to me means the SMD isn't certified, is that correct?
My plan so far, is to ask for removal of evidence due to IRLJ 6.6, asserting that the SMD is not certified, and motion to dismiss based on lack of evidence, is that correct?
I have attached everything I got....
A little advice is appreciated....did I miss anything?
Also interesting to note the officer says he was on an 'emphasis', but was 20 miles outside his city (Ruston way PD, ticketed in Puyallup)