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  1. #1
    Join Date
    Oct 2019
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    Seattle
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    9

    Default Radar Ticket in Pierce County, Washington (Report and Smd Cert)

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

    I received a speeding ticket in July (40 in a 25), which also had a second infraction of no insurance (did not have the card with me). I've already taken care of the proof of insurance and filed that with the court. I've filed for discovery and received that just yesterday. The police statement doesn't have any holes in it that pop out at me right away. There are some discrepancies between the ticket and his report. Namely the city the infraction took place and the time, however I know that wouldn't be grounds for dismissal by the judge. The SMD certificate is within the 2 year calibration period, so I cannot use an out of date certification as grounds for dismissal either. I am wondering if anyone has any insight into defense for this ticket that I can use. Any help would be much appreciated. Thanks in advance.

  2. #2
    Join Date
    Sep 2010
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    19,770

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    What discrepancy are we talking about? We certainly can't even guess whether it is an issue with that sort of description.

    If you've gotten the ticket and the officer's sworn statement, blot out the personal deails and upload it somewhere and link it here.

  3. #3
    Join Date
    Oct 2019
    Location
    Seattle
    Posts
    9

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    I know my post above doesn't give much detail, as for some reason I have been having issues posting on this forum. Every time I try to post the pictures of the report and SMD certificate, my post vanishes. I had a previous thread that turned up completely blank as well. Maybe if I post the links to the pictures, it will post? I'll try now:


    https://i.imgur.com/ghki2Xu.jpg

    https://i.imgur.com/jCcZEhW.jpg

    https://i.imgur.com/ZiMyQAd.jpg

    https://i.imgur.com/LzAvBGM.jpg

    https://i.imgur.com/fQQDkTi.jpg

  4. #4
    Join Date
    Oct 2019
    Location
    Seattle
    Posts
    9

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    I know my post above doesn't give much detail, as for some reason I have been having issues posting on this forum. Every time I try to post the pictures of the report and SMD certificate, my post vanishes. I had a previous thread that turned up completely blank as well.

  5. #5
    Join Date
    Nov 2009
    Posts
    865

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    For the last few months this forum apparently has had automated anti-spam moderation which doesn’t allow junior members to post links. I can think of a couple things you can try:

    1. Quote the officer’s statement in your post.
    2. Send me the links by private message and I will screen them and then post a quote of your private message into your thread.

    Also is your case filed in city court or county district court? If it’s a city court, is it the city where the alleged infraction took place?

  6. #6
    Join Date
    Oct 2019
    Location
    Seattle
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    9

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    Quote Quoting searcher99
    View Post
    For the last few months this forum apparently has had automated anti-spam moderation which doesn’t allow junior members to post links. I can think of a couple things you can try:

    1. Quote the officer’s statement in your post.
    2. Send me the links by private message and I will screen them and then post a quote of your private message into your thread.

    Also is your case filed in city court or county district court? If it’s a city court, is it the city where the alleged infraction took place?

    Will PM you now. The case is filed with Pierce County District Court, and the officer is with the Pierce County Sheriffs.

  7. #7
    Join Date
    Nov 2009
    Posts
    865

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    Quote Quoting averagej0e
    Here are the image links for the officer's report and the SMD certificate. Hopefully the PM goes through and doesn't get blocked like when I try to post on the main forum.


    https://i.imgur.com/ghki2Xu.jpg

    https://i.imgur.com/jCcZEhW.jpg

    https://i.imgur.com/ZiMyQAd.jpg

    https://i.imgur.com/LzAvBGM.jpg

    https://i.imgur.com/fQQDkTi.jpg
    The 6 hour time discrepancy on the officer’s report is not typical. I looked through a number of reports from other cases and those times usually match exactly. Most officers, when using the commonly used SECTOR system will not state a time because it is already in the top right corner and to state it again would be redundant.

    I can see a couple preliminary motions that might be successful or might not, depending on the judge:

    1. Preliminary motion to exclude or suppress the evidence of speed, because the officer does not attest to testing of the radar device on the day the incident occurred. There is only a statement that “These tests and checks were made before and after the NOI.” The check before could have been days, weeks, or even months ago. The later check could have the next day or anytime before the notice was filed with the court.
    2. Preliminary motion to dismiss due to conflicting information. IRLJ 2.1(b)(4) requires the time to be included on a notice of infraction, but the officer has also attested to a time 6 hours later, which casts doubt on when the alleged infraction took place.

    Announce that you have motions immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony. If any motion to suppress or exclude is granted, then move for dismissal.

    If your main priority is to keep a moving violation off your record, then you might also consider asking the prosecutor (if present) a few minutes before your hearing if he/she could amend to a non-moving violation, or request a deferred finding from the judge if you are eligible. If requesting a deferral, you can also ask the judge if he/she can hold that option open pending outcome of preliminary motions.

  8. #8
    Join Date
    Oct 2019
    Location
    Seattle
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    9

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    Quote Quoting searcher99
    View Post
    The 6 hour time discrepancy on the officer’s report is not typical. I looked through a number of reports from other cases and those times usually match exactly. Most officers, when using the commonly used SECTOR system will not state a time because it is already in the top right corner and to state it again would be redundant.

    I can see a couple preliminary motions that might be successful or might not, depending on the judge:

    1. Preliminary motion to exclude or suppress the evidence of speed, because the officer does not attest to testing of the radar device on the day the incident occurred. There is only a statement that “These tests and checks were made before and after the NOI.” The check before could have been days, weeks, or even months ago. The later check could have the next day or anytime before the notice was filed with the court.
    2. Preliminary motion to dismiss due to conflicting information. IRLJ 2.1(b)(4) requires the time to be included on a notice of infraction, but the officer has also attested to a time 6 hours later, which casts doubt on when the alleged infraction took place.

    Announce that you have motions immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony. If any motion to suppress or exclude is granted, then move for dismissal.

    If your main priority is to keep a moving violation off your record, then you might also consider asking the prosecutor (if present) a few minutes before your hearing if he/she could amend to a non-moving violation, or request a deferred finding from the judge if you are eligible. If requesting a deferral, you can also ask the judge if he/she can hold that option open pending outcome of preliminary motions.
    That is one thing that stood out to me...the infraction was at 1334, and then he puts in his report that it was at 1934. Also if you see the second page of his report, it says "this 7 day of July, 2019.", but then at the very bottom it says date and place: "7/6/2019". I'm not sure why in the middle of the page he dates it the 7th, but then at the very bottom dates it the 6th (date of the infraction).

    As for when he tested the radar...the report does say "before and after the NOI". This makes it sound like he tested it right before and right after stopping me, which I highly doubt was the case. This seems like a bit of a stretch to try and bring up to the judge, no? Do they need to specify exactly when they tested the radar?

  9. #9
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    Oct 2019
    Location
    Seattle
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    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    The infraction was at 1334, and it shows that on the NOI itself. But his report states 1934. I'm not sure if that would be enough for dismissal since the NOI itself has the correct time, but it would be worth a shot. The other thing is that on the second page of the report, about half way down, he notes the date as July 7th. Then at the very bottom, he "signs" the report with the date July 6th. I'm not sure if that would be something else to cast doubt or not.

    As for the "these tests and checks were made before and after the NOI". That makes it sound like he tested the unit right before pulling me off, and right after. I highly doubt that is the case, but the judge may see it that way. He doesn't state an exact time or anything, but some officers put "before and after my shift", which isn't necessarily an exact time either.

  10. #10
    Join Date
    Nov 2009
    Posts
    865

    Default Re: Radar Ticket in Pierce County, Washington (Report and Smd Cert)

    The thing to keep in mind is that the prosecution has to prove their case, and their main piece of evidence (absent the officer) is the affidavit filed by the officer. Some elements are not required on the notice, such as the color of the vehicle, but other elements are required such as the time of the event. When an officer uses the SECTOR system for his/her affidavit, I believe that the time entered on the notice appears on the upper left of the affidavit in the “ON OR ABOUT” field so should match the ticket.

    However in the actual affidavit the officer attests to the time as being 6 hours later. Because that is a required element on the notice, it’s important for the officer to get it right on the statement--and if not it certainly can be argued that the statement (evidence) is contradictory and insufficient, but I’m also not sure how strong that argument would be.

    Frequent testing of the radar device with the common standard being start/end of shift is a required element on the statement, and probably a stronger defense when the statement is vague on exactly when it was done, but again it’s hard to know how different judges will regard the argument.

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