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  1. #11
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    Ok thank you searcher99. Got to court early and checked out the cert. It was last calibrated for accuracy 4/11/2018. Issue of ticket was 11/18. VPD has a 2yr calendar cycle it shows. So that leads me to argue the officers written testimony. I will post an update once the results of the decision are in.

  2. #12
    Join Date
    Oct 2016
    Posts
    3,831

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    If it was last calibrated 4/11/18, 11/18 is with the 2-year cycle. It is good until 4/1/20.

  3. #13
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    Yes I know this. Thatís why Iím left to argue the officers sworn testimony

    UPDATE: took me all but 2min to win my case! First and foremost I want to thank blewis for the procedural guide, this blog, and ultimately searcher99.

    Let me paint a picture for y'all and in doing this hopefully this can assist others, I like to think of it as paying it forward.

    1. I arrived early and checked the certification for the specific SMD used as noted above. Per Vancouver PD it 2 years was their time frame. Mine was last calibrated about 7mos before the ticket was issued.
    2. Moved on to my second option was to attack the officers sworn statement.
    2.5 When I referenced the certification nobody had it in front of them, the Judge, nor the prosecuting attorney. I supplied the judge with it (she stated she didn't have, asked the prosecutor if he hated and said if not the clerk can make a copy, she looked at me and asked if I had it. I said yes and handed it to her and asked, "what would have happened if I didn't have the copy of the cert. for you to view?" She replied, "we would have ran downstairs to make a copy."
    3. So this was next part was important because once I handed to her the certification for her to view (This was based on my first motion to dismiss based on the lack of specific testing being done on the SMD in question), she had the clerk make copies for her and the prosecutor to view. While this happened she also asked if there was any other things I wanted to bring up.
    4. I mentioned to her that the officer checked the SMD before his shift but NOT AFTER HE PULLED ME OVER.
    5. She said that she would go with the second motion and and grant me a dismissal. She stated that the SMD isn't considered reliable if only checked before the shift and not after.
    6.She then spoke to the prosecutor who was listing off mumbo jumbo, and at that point I probably tuned him out and it was all but decided at that point.
    7. Case Dismissed
    8. THANK YOU!

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