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  1. #1
    Join Date
    May 2018
    Location
    Olympia, WA
    Posts
    20

    Default Speeding Ticket Issued for the Wrong Venue

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

    On 5/8/2018 at 1152, I was riding on my motorcycle with a group of 4. I was in rear guard (back). We were traveling I5 North coming off the Lacey exit nearing The bridge and Bikers on the other side of the Road gave us the signal that there was a COP ahead. So we maintained our speed and went around the curve after the bridge and spotted him on the Right running LIDAR. Now I looked at my spedo and it said 64MPH, They have a -Error not + of 8%. So the 3 in front of me took off. I maintained my speed because it's a motorcycle cop and my bike is SLOOWWW Vulcan 900, pushing it's make speed at 64 as it is. Especially with my fat butt on it and my gear and windshield, I was redlining that tiny bike just to stay the speed. (my speed is checked with a gps speedo)

    Now we passed him and it takes him nearly 1min to get on his bike and come up. He's going pretty slow, my friends have ditched me. Now he comes up on me, turns his lights on, I pull over because I obey the LAW. He comes up, I inform him I have my CPL, get his permission to get my paperwork etc. He tells me I'm doing 94 in a 70. I tell him aint no way. The Speedo says 64 and that was making this bike out. It's stock, I show him my GPS max speed log it says 64. Now I let him know it's my first time on this bike, maybe something is wrong but there is no way I was doing 94. He comes back with a Citation and then says "well then i guess you were going about 70 and i'm gonna knock it down and cite you for 70 in a 60" I protest, aint no way. 500ilb bike, 900cc engine, me 260, windshield and my bags of tools is 240. No way. He says take it up with the judge. Oh I will. Now I get home and look at my citation.

    All info seems corrected ( weight is wrong but from scanned) it's a vn900D, he put VN900, don't think that will matter. Citation is RCW 46.61.400. Now I found that he says he stopped me at mp 120, we stopped at MP 115, which is Thurston, barley but Thurston, His Ticket says MP120 and he sent it to Pierce County.

    So I waited till the 22nd to submit my Contested form via Certified Mail. I will submit my Discovery 14 days prior to Hearing when I finally get the notice.

    Do i have any argument points on this? Can someone give me a better explanation of "Speedy Trial" and how to use it? Will update with Officer Statment, SMD and Witness when I get it.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Speeding 10+, Wrong Venue

    Yes, the points are in a thread marked "Procedural guide to Washington state" pinned to the top of this forum. What you do is request discovery of the officer's sworn statement and post it back here. Understand that unless you do something stupid like subpoena the officer, he won't be there. The case will be heard based on his sworn statement. If it is deficient in anyway, the state won't be able to correct or amend it.

    The model number error is inconsequential.
    Where you were "pulled over" isn't the operational location. It is where he observed you speeding. Both

    Both 115 and 120 appear to be in Pierce County to me.

    Speedy trial is invoked when your request your hearing, they have 90 days to get you a date. What you may be thinking of is that the police have only FIVE days to file the ticket witht the court after the incident. If that doesn't happen, you make that motion at your contested hearing.

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Speeding Ticket Issued for the Wrong Venue

    IRLJ 2.3 "an infraction case shall be brought in the district court district or the municipality where the infraction occurred."

    Not where you were stopped.

    Go fish.

  4. #4
    Join Date
    May 2018
    Location
    Olympia, WA
    Posts
    20

    Default Re: Speeding Ticket Issued for the Wrong Venue

    If that's the case then I have a Motion to Dismiss based on Improper Venue. It OCCURED in Thurston county that is where he allegedly hit me with LIDAR, I checked the county lines and was 1 mile in Thurston Country. Correct me if I am wrong. Also, being as it was LIDAR, I know LIDAR Requires a reflective surface to work. my bike is flat black threw in threw. EVERYWHERE. The only reflective surface is a 1.5" projector for the headlight. So the odds of him hitting that are super slim, is that correct?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Speeding Ticket Issued for the Wrong Venue

    Your entire bike is a reflective surface. Flat black will be harder but it won't be impossible. License plates are good lidar reflector so are your turn signals and any required reflective material and even your helmet if you were wearing one. The headlight itself would be more than enough depending on the range.

    You're not getting anywhere with that argument.

    Get the discovery. If you have the location of infraction and can show it is in the wrong county, that's your best bet.

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Speeding Ticket Issued for the Wrong Venue

    I ride a denim black HD Street Glide. I can tell you the flat black paint reflects LIDAR perfectly well.

  7. #7
    Join Date
    May 2014
    Posts
    211

    Default Re: Speeding Ticket Issued for the Wrong Venue

    A Vulcan 900 can barely do 64 mph? I don't think so. I've ridden street bikes from 220cc to 1100 cc and I will tell you 100 mph is easily achieved on them all.

  8. #8
    Join Date
    May 2018
    Location
    Olympia, WA
    Posts
    20

    Default Re: Speeding Ticket Issued for the Wrong Venue

    Quote Quoting flyingron
    View Post
    Mail it now, it will give you time to post or analyze the results. You're not getting anything by waiting until the last minute.
    If I send it now I cant argue later that I didn't have time to review the evidence as a defence. If they dont send it on time it's a legal defense. So you want to send it at the last second so they dont have enough time to get the information to you as legally required.

  9. #9
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Speeding Ticket Issued for the Wrong Venue

    You can't argue later (at least successfully) that you didn't have time to review the evidence if you cause the delay.

  10. #10
    Join Date
    May 2018
    Location
    Olympia, WA
    Posts
    20

    Default Re: Speeding Ticket Issued for the Wrong Venue

    Per the sticky, unless I am reading this wrong.
    "Once you receive your notice, you are ready to submit a Discovery Request. I have posted a form which you can adapt to fit your jurisdiction and circumstances. You can find it here.

    Discovery is governed by IRLJ 3.1 (b). This rule entitles you to a copy of the officer’s sworn statement (which will probably be introduced into evidence) and a list of other witnesses that the prosecution may call. THAT’S IT! Do NOT ask for all those things they tell you on those “ticket killer” web sites, such as log books, a copy of other tickets written that day, vehicle maintenance records, names of the officer’s children, and a partridge in a pear tree. You will NOT get them, nor will the judge compel the prosecutor to produce them. It’s just a waste of time.

    Note that you must SERVE the request on the prosecutor and FILE a copy with the court. You must do this at least 14 days before your hearing. If the prosecutor fails to provide the requisite materials, move to have the sworn statement suppressed pursuant to IRLJ 3.1(b), then move for dismissal due to lack of evidence. If the prosecutor fails to provide them with 7 days, you may also move for suppression, but you must show prejudice – you must show how NOT having the materials in a timely manner has hurt your ability to defend yourself (that’s actually pretty hard to do – but feel free to give it a try).

    The first thing to check, when you receive your discovery materials, is the “filing” date. You materials SHOULD include a copy of the original ticket with a “filing” stamp. The date on this stamp MUST be within 5 days (not including weekends or holidays) of the date of the infraction. If it is not, you can move for dismissal pursuant to IRLJ 2.2 (d).

    Once in a while, the discovery materials will not contain a copy of your original ticket. In that case, call the Clerk of the Court and ask for the filing date.
    "

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