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  1. #1
    Join Date
    Nov 2019
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    4

    Default Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

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

    on 7-13 I was driving on I-405 in the carpool lane, officer stopped me and said i was going 81mph over 60 mph, I requested for Discovery, and got the Officer report.
    My court date is on 11-8.

    The report he wrote was very detailed, including:
    "I observed the defendant approaching my location, travelling at a visibly high rate of speed in excess of the posted speed limit, I placed the red dot sighting reticle on the defendant's vehicle and obtained a reading of 80mph in a posted 60 mph zone, and at a distance of 1351 feet.

    The reading was consistent with my initial estimate, I had a clear and unobstructed view of defendants vehicle and i am 100 percent certain that the reading was obtained from the defendant's vehicle..."

    I clearly remembered that I was driving uphill, in the inner lane of the carpool lane ( there are two lanes in carpool) before he stopped me, there was a car on my right side that was even going faster, at least was paralleling with me. After I just hit the top of the hill and started to going down hill and slowing down, the officer stopped me. I am not saying I did or did not speeding when he stopped me. However, how could he see my car at least 1600 feet away, especially I am on the other side of the hill?

    I also received that the City of Burien courthouse requests for discovery in the same mail that they mailed me the discovery notes. Since I requested the officer to show up, my case is now moved to Kent, WA. Do i need to send back anything?

    Thank you ALL for your help!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,431

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    Unless you have some persuasive proof that he couldn't see you at 1351 feet, you're not going to get anywhere. Neither is the "you got the wrong car" especially with lidar and his testimony that he sighted you specifically.

    You pretty much screwed yourself with asking to officer to appear. The state is free to now have the officer correct or offer amendments to his testimony. Had you not done that, the officer's sworn statement (and the ticket itself) would have been all that the state could present, and if there were defects in the statement, it may have given you an out.

    You don't need to send back anything. It is assumed that you will appear.

  3. #3
    Join Date
    Nov 2009
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    847

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    Itís problematic that you subpoenaed the officer. If you testify and cross examine him in an attempt to prove that he could not see you, the judge will take his word over yours and likely you will lose.

    If there is any way for you to win, it is probably going to involve what he attested to in his statement regarding his testing of the LIDAR device. Preferably I would like to see the entire discovery, but lately this forum will not allow junior members to post any links. However if you like you can upload discovery with the citation # and other personal info redacted to an image hosting site, send links to me by private message and I will put those links in your thread for others to view.

    If you have not already, be sure to read the sticky thread Procedural Guide to Traffic Tickets in Washington State.

    If the officerís statement contains anything that could result in a successful preliminary motion to suppress the LIDAR evidence, then your best strategy would probably be to rescind the officer subpoena and contest the statement only. That might also involve getting a continuance.

    However if no preliminary motions can be found based on the statement, you could always hope the officer does not show or if he does show ask the prosecutor (if present) to amend to a non-moving violation, or (if eligible) ask for a deferred finding.

  4. #4
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    Nov 2019
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    4

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    How could I ask for amendment to a non moving violation?

  5. #5
    Join Date
    Nov 2009
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    847

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    To ask for amendment to a non-moving violation you would arrive early and try to speak to the prosecutor a few minutes before the hearing starts.

    By the way, I’m curious if you could quote what the officer said in his statement about specifically how he tested the LIDAR device, who conducted the test, when it was conducted and what exact identification did he give for the unit?

  6. #6
    Join Date
    Nov 2019
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    4

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    I emailed the court to request for a reschedule, and NOT to have officer to show up... how could I upload the picture

    I was performing assigned traffic duties in k and s county. I am currently assigned to district 2 detachment 1. Operating a fully marked patrol vehicle and wearing a department issued uniform. I have over 15 years of traffic law enforcement experience with Washington state patrol.
    I was using a Kuston signals inc pro laser 3 infrared Lidar system to monitor the speed of moving traffic. I have been instructed and certified by the state of W in the operation of the Lidar

    I observed the defendant approaching my location, traveling at a visibly high rate of speed in excess of the posted speed limit. I placed the red dot sighting reticle on the defendant’s vehicle and obtained a reading or 80 mph in a posted 60 mph zone and at a distance of 1451 feet

    The reading was consistent with my initial speed estimate of the defendants vehicle. I had a clear and unobstructed view of the defendant’s vehicle and I m 100 % certain that the Lidar reading was obtained from the defendant’s vehicle.

    I tested the Lidar unit both internally n externally at the beginning and the end of my shift. I performed 1 the heads up display alignment test, 2 the internal self diagnostic check, 3 the delta distance check using premeasured distances as prescribed. 4 the fixed distance check at 100 feet. The Lidar unit passed each of the required checks and was working properly at the time of this violation

  7. #7
    Join Date
    Nov 2009
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    847

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    There does not appear to be anything insufficient about his testing statement, so I’m not seeing any defenses based on that. What identification number did he give for the device he used? What instructions did you receive in your discovery about how to go about checking the certificate for the device?

    To upload a picture you would need to go to a 3rd party image sharing site and then send me a private message with links to your pictures which I will put in your thread. However it’s already not looking to me like you have much to go on other than the officer not showing, a deal with the prosecutor, or deferral. You should try to find out from a court clerk if a prosecutor will be present to speak to before the hearing.

  8. #8
    Join Date
    Nov 2019
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    4

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    Thank you!!!
    At this point may I reschedule the hearing and not ask the officer to show up?

  9. #9
    Join Date
    Nov 2009
    Posts
    847

    Default Re: Wa Speeding Ticket, Requested for Discovery, Requested Officer to Show Up

    I donít know but I would contact the court with those questions. It sort of depends on what you want to do. I asked a couple questions in my last post because Iím still checking for possible issues with the discovery that you might be able to use.

    If you possibly want the prosecutor to amend to non-moving, then itís important to attend a hearing where you will have an opportunity to speak to him/her. The way I see it, the only real advantage to requesting the officer would be if you want to gamble on him not showing. Otherwise you should probably cancel the subpoena and you would need to speak to a clerk about that.

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