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  1. #1
    Join Date
    Jul 2012
    Posts
    23

    Post Defending Against a Speeding Ticket Based on Clerical Errors

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

    My son went to see the Dave Matthews concert at The Gorge last Labor Day weekend. Going home towards Seattle on the I-90, he was stopped and given the citation. We live in Seattle, but my son started working in the Bay Area right after graduating from college a couple of years ago. He goes home to Seattle often. The court date is 11/19/2018.

    I am enclosing the redacted discovery papers. These were sent via email from the prosecutor's office. I'm requesting for advice on how to look for inconsistencies on the officer's notes.
    https://i.imgur.com/jU6fZHk.jpg
    https://i.imgur.com/vanCdg4.jpg
    https://i.imgur.com/pKeKqzP.jpg
    https://i.imgur.com/VU8FDt3.jpg

    I have noticed the following:

    1) There are two different dates listed. On the infraction, the date listed as issued was 09/03/18. On the officer's report and statement, two dates are listed - 09/02/18 and 09/03/18.

    2) Looking at the officer's statement, he mentions - "The radar unit emitted a clear tone," and that his "visual observation of the vehicle was consistent with that of the radar reading..."
    The officer does not state his training in visual estimation.

    3) Officer mentions that he is "radar operator certified from the State Patrol Academy," but does not state how long ago he was trained, and he does not state that he received training on this particular device - the R-2631 BEE III.

  2. #2
    Join Date
    Apr 2014
    Posts
    193

    Default Re: Speeding - Washington, Lower Kittitas District Court, Ellensburg - Discovery Encl

    This looks like it could be hard to beat. Dates are reasonable since the stop happened 2 minutes before midnight on 9/2 so the citation and statement would be done a few minutes later, technically the next day. Radar certification is up to date, statement says he tests at beginning and end of shift and notes he will advise court if it fails the end of shift test, which is reasonable with the notes written in the middle of the shift.

    Remember that the standard for this ticket is preponderance of evidence, not reasonable doubt and the officer will not appear unless your son subpoenas him. Usually these are convictions unless you can find grounds for excluding the radar reading. Maybe someone else will find an error I missed.

    Good luck.

  3. #3
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Speeding - Washington, Lower Kittitas District Court, Ellensburg - Discovery Encl

    The affidavit has this weird sentence saying "If the radar does not pass the test at the end of my shift I will prepare a supplemental report". This implies that the officer prepared the affidavit before the end of his shift and before testing the radar unit. You can try arguing that this makes it inadmissible - the affidavit states that the unit was tested at the end of the shift, but then it also says that it may have not been the end of the shift yet. I think there is a decent chance it will work.

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

    Default Re: Speeding - Washington, Lower Kittitas District Court, Ellensburg - Discovery Encl

    Quote Quoting prusakolep
    View Post
    The affidavit has this weird sentence saying "If the radar does not pass the test at the end of my shift I will prepare a supplemental report". This implies that the officer prepared the affidavit before the end of his shift and before testing the radar unit. You can try arguing that this makes it inadmissible - the affidavit states that the unit was tested at the end of the shift, but then it also says that it may have not been the end of the shift yet. I think there is a decent chance it will work.
    No way.

  5. #5

    Default Re: Speeding - Washington, Lower Kittitas District Court, Ellensburg - Discovery Encl

    They are so corrupt clerical errors won't be enough to get you off. My ticket had errors too but it didn't matter. Even when the crooked cop testified during trial that proved my case, the crooked judge covered for him. Unless you have concrete evidence (video in my case), it'll be nearly impossible to win. If the ticket is over $400, it might be worth it to hire a lawyer since they are in on the scam and will at least get your fine reduced.

  6. #6
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Speeding - Washington, Lower Kittitas District Court, Ellensburg - Discovery Encl

    I think that Prusakolep makes a valid point. The argument could be worth a shot especially if your son is not eligible for a deferred finding. However if eligible I would ask the judge right away if the deferral option can be held pending the outcome of a preliminary motion. Some judges will allow it, because when a motion is heard the hearing has not commenced and no finding has been made yet based on evidence.

    He can move to exclude or suppress evidence of speed based on lack of foundation, because there is no evidence that the device was tested at end-of-shift. At the time of electronic filing, the officer states what he will do if “the RADAR unit does not pass the test at the end of my shift…” but previously attested that “I checked the RADAR at the beginning and end of my shift and they were in proper working order.” These are contradictory statements. He cannot attest to something in the future.

    Your son should announce that he has motions immediately when his case is called, before the officer’s statement is read into the record and before he is sworn in for testimony. If granted, he can move for dismissal due to lack of evidence.

  7. #7
    Join Date
    Jul 2012
    Posts
    23

    Default Re: Speeding - Washington, Lower Kittitas District Court, Ellensburg - Discovery Encl

    I also have a question about the discovery.
    My son called the court (Lower Kittitas) to ask how to request for discovery. The person told him to "contact the law enforcement agency" that issued the speeding ticket. When he questioned further if this was the procedure in requesting for discovery, the person told him that it would be faster that way. Then he asked again if this was how people got discovery. The person put my son on hold and when she got back on the phone, she gave my son the contact number of the prosecutor's office.

    My son called the prosecutor's office and asked how he could request for the discovery, and he was transferred to Amber. After giving the pertinent information, Amber asked for an email address, and the discovery was sent via email.

    Since the request for discovery was done over the phone and the discovery materials were transmitted electronically via email, how can one file with the court a copy of the discovery request?

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