Results 1 to 6 of 6
  1. #1

    Talking Issued a Paced Speeding Ticket When Not Actually Speeding

    My question involves a traffic ticket from the state of: Washington. In Kowlitz county, A.K.A., the WORST To start, I was NOT speeding. I was going exactly 70 in a 70 with cruise control set, slowed down to 60 BEFORE the 60 sign came up, and was pulled over as soon as we got in a contruction zone. I was very aware that this cop was following me for a while, but must've thought I was somebody else the way he describes the ticket.

    POSSIBLE ARGUMENTS
    *He claims to have used both his radar and his vehicles speedometer to pace me. See argument 2. ->
    *He fails to cite his speedometer's callibration. Can I make him provide that in court, if he has none, is that grounds for dismissal?
    *He doesn't cite any pace training, can I make him provide that in court?
    *He fails to cite his vehicle's distance from my car during the pace as well as his position during the pace (being behind somebody is most accurate).
    * The ticket says my vehicle's speed was 65, but he states it was 70, does that give me anything?
    **He fails to cite his patrol car? He refers to it, but to what extent is he required to describe it per IRLJ?

    Here's the discovery
    https://imgur.com/a/rIjNjw6

    Let me know if you catch anything I didn't. Also what IRLJ or ER the officer may have violated so that I can reference to the judge.

    Oh and I never said "I didn't see any signs" my buddy might've to try and weasle out of it, but I'm not dumb enough to say that.

  2. #2
    Join Date
    Apr 2014
    Posts
    193

    Default Re: Illegal Speeding Ticket with a Claim of Pacing

    First some good news, the officer will not show up unless you subpoena him, don't do it. The only evidence presented will be his statement.
    More good news, he does not state he tested his radar unit that day and does not identify the tuning forks so move to suppress any reference to radar measurements before his statement is read into evidence.
    I will let others reference what is required for his speedometer. I suspect that since he does not identify his patrol car by any unique means (VIN, plate number, etc.) that would be grounds to suppress his speedometer readings. since any speedometer calibration data cannot be linked to the incident in question. Since the vehicle is not identified there is no way to demonstrate that the speedometer was or was not working properly.
    The rest of your arguments not relevant and will not help you in any way.
    Also, the standard to be found guilty is preponderance of evidence, not beyond reasonable doubt. If the speedometer reading/pacing is allowed as evidence you will almost certainly be found guilty.

  3. #3

    Default Re: Illegal Speeding Ticket with a Claim of Pacing

    Quote Quoting joef
    View Post
    First some good news, the officer will not show up unless you subpoena him, don't do it. The only evidence presented will be his statement.
    More good news, he does not state he tested his radar unit that day and does not identify the tuning forks so move to suppress any reference to radar measurements before his statement is read into evidence.
    I will let others reference what is required for his speedometer. I suspect that since he does not identify his patrol car by any unique means (VIN, plate number, etc.) that would be grounds to suppress his speedometer readings. since any speedometer calibration data cannot be linked to the incident in question. Since the vehicle is not identified there is no way to demonstrate that the speedometer was or was not working properly.
    The rest of your arguments not relevant and will not help you in any way.
    Also, the standard to be found guilty is preponderance of evidence, not beyond reasonable doubt. If the speedometer reading/pacing is allowed as evidence you will almost certainly be found guilty.
    How would you go about suppressing evidence in traffic court? I planned to go about this myself, sort of an uphill battle, but Iím a hard worker. How do I move to suppress this info? I assume it would involve a written request to suppress said claims and a basis as to why directed at the judge of course. Do I just give it to the judge as soon as I see said judge? What are the reasons said things need to be suppressed i.e. what IRLJ did he violate/ fail to cite?

    Thanks for the reply by the way, greatly appreciated

  4. #4
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Illegal Speeding Ticket with a Claim of Pacing

    Clerk: "Case Number 8Z0372952, State v. Apex_Superior."

    You: "Good morning your honor, Apex appearing Pro Se (Pro-Say) today. I have a few 'pre-trial motions.'"

    Judge: "Go ahead." -OR- "I'll read the officer's statement for the record and then you may proceed with your 'pre-trial motions.'"

    You: "You honor, I move to suppress any and all references to speed within the officer's statement. The State has failed to show that these speed readings are accurate under the standards set by Spokane v. Knight and IRLJ 6.6. Namely, that the Speedometer AND Radar Device had been properly serviced and calibrated. Notwithstanding any further expert testimony as to the accuracy and calibration of this speedometer, I request that any reading from it be suppressed. Likewise, the officer has not testified to his training and/or experience in operating a Radar Device, or that the device was even tested in accordance with standard procedure, as is required to show that it was working properly at the time of the stop. I would therefore move to suppress those readings from the Radar unit as well."

    Judge: (Something along the lines of) "Granted."

    You: "Your honor, I now move to dismiss this case for lack of evidence."

    Problem solved. Any further questions?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Speeding Ticket with a Claim of Pacing

    It looks like the officer intended to submit this as a radar ticket, but checked the wrong box. It seems unlikely under Washington's system for handling tickets that the error will be caught and corrected before the hearing and, without the officer present, there would not be anybody present in court to petition for amendment of the ticket.

  6. #6
    Join Date
    Apr 2018
    Posts
    25

    Default Re: Illegal Speeding Ticket with a Claim of Pacing

    so, did you win?

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Speeding Ticket, Paced by a Patrol Vehicle Ahead of the Speeding Car
    By jedilord in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 07-19-2017, 05:08 PM
  2. Speeding Tickets: Speeding in a Construction Zone, but Issued a Regular Speeding Ticket
    By wheatthinns in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-14-2017, 03:36 PM
  3. Speeding Tickets: Ordinary Speeding Ticket Issued for Speeding in a School Zone
    By Hobbles007 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 13
    Last Post: 02-03-2015, 10:08 PM
  4. Speeding Tickets: Ticket for Speeding, Paced at 80 MPH
    By aaa12345 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-24-2013, 07:25 PM
  5. Speeding Tickets: Paced Speeding Ticket, 60 in a 50, But I Wasn't Speeding
    By 10andersona in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 12-12-2011, 12:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources