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  1. #1
    Join Date
    Sep 2017
    Location
    Washington
    Posts
    3

    Default Disputing a Radar Speeding Ticket Using SMD Certification

    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)






  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    The SMD certificate might not be on file with the court, but that doesn't mean that it doesn't exist or won't be served in response to discovery -- they still have time. I don't see the SMD's identification number in the materials you provided -- do you have that number?

    You are free to try to argue that you were paying very close attention to the officer's vehicle and that it was impossible that the vehicle was stationary at the time your speed was measured. I doubt that the court will accept that argument, but I won't be the judge.

    Trying an "I wasn't speeding" defense after tacitly admitting that you were speeding at the time you were ticketed is also something of a long shot.

  3. #3
    Join Date
    Sep 2017
    Location
    Washington
    Posts
    3

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    Quote Quoting Mr. Knowitall
    View Post
    Trying an "I wasn't speeding" defense after tacitly admitting that you were speeding at the time you were ticketed is also something of a long shot.
    I may have been going 36 or 37.... In a 35. That's not what I was charged with. The cop was very nice, respectful, etc. and did not seem like the kind of guy to make things up, I think it was an honest mistake or equipment malfunction due to interference.

    Back to the legal aspect...

    Does the court have to supply the certification if they're not going to present it in court? If the court is saying discovery is fulfilled then I would say there's no certification and if they say there is, would I then challenge it as inadmissable because it wasn't produced during discovery?

    Would I have to submit an information request to the LEA? Those take more than 2 weeks.

    I'd obviously rather solve this as a point of law, as explaining how a RADAR unit is interfering with another RADAR unit is not on the top list of things judges want to hear..

    I appreciate your help.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,656

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    Main thing I see is that the officer doesn't state when he tested the SMD with the tuning forks. Was it that shift, yesterday, last week? The way the statement reads, it makes it sound like he tested it there on the side of the road before the stop.

  5. #5
    Join Date
    Sep 2017
    Location
    Washington
    Posts
    3

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    Update:

    Court clerk noted no SMD certs on file during discovery. I went in, was called up, said I had a preliminary motion, motioned to suppress RADAR reading due to IRLJ 6.6, asked to approach the bench to give her the note from the court clerk, she looked at it, I motioned to dismiss for lack of evidence, she granted the motion to suppress and dismiss.

    She then looked at me and said 'good job, you did your homework' or something to that effect... Very positive experience and the judge seemed impressed, she even appeared outright happy to dismiss the case.

    Pierce county, WA... BTW.

  6. #6
    Join Date
    Jul 2010
    Posts
    7,656

    Default Re: Disputing a Radar Speeding Ticket Using SMD Certification

    Congrats on the win!

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