Per ER 901, radar evidence must be authenticated to be admissible. A radar affidavit should be filed with the court along with the ticket, and you get that by requesting discovery from the city attorney. That affidavit (which is the actual evidence) quite possibly lacks required elements relating to how you were tracked, or relating to identification, certification, and/or routine testing of the radar device.
As already suggested by free9man and joef, be sure to read the sticky thread Procedural Guide to Traffic Tickets in Washington State which contains a link to a discovery template and instructions on how to serve/file it. If you want help reviewing discovery, upload digital photos or scans (with your personal id and citation number redacted) to any free image hosting site and link them here in your thread.
Definitely will do - i sent the citation in contesting the charge and will post redacted info when I receive it.
Totally not looking for sympathy, just wondering what I can do as I contend he clocked me while I was still ahead of the temporary speed zone and I know I was braking in advance of the sign. If he clocked me once I had passed it, and I was still going 38, it would mean I was going much faster prior to the sign (unlikely as I was traveling with the flow of traffic).
I agree I was likely going 3 over (i dont have a reason to distrust his equipment, and I likely am going 3 over from time to time on most roads). My problem is my ticket is for 13 over, and he claimed I was 13 over in the construction zone (though he only cited me for the speed, not the construction zone).
I doubt I was specifically targeted for anything, as there were many people getting pulled over there. I witnessed 5 myself in just the amount of time it took me to go back and get pictures (5-10 minutes max).
I suspect instead that this group of officers were overreaching and clocked people immediately before entering the zone, then proceeded to give tickets as if they were going that speed IN the zone - then they say "we dropped the construction zone charge" hoping that people simply pay the fine and don't contest. Unfortunately I cannot think of anything concrete to share that PROVES my innocence. It really would be my word against the officer's which I know is likely a losing proposition.
As part of discovery is there a way to request the total number of citations by this officer and his partner(s) on this day and compare that to other similar situations? I suspect the tickets per hour or rate of ticketing would be MUCH higher in this circumstance...
And thank you all again for your advice! hugely helpful!
If you plan to fight the ticket, make sure the prosecutor can't bring the original charge back into play. The officer was cutting you a break as you were polite to him. The prosecutor may not be so lenient?
I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......
At this point it’s really not possible to formulate a defense until you see the prosecution’s evidence--which is the officer’s affidavit. Operator manuals for all radar devices contain required steps an officer must follow called “tracking history”. The officer will need to state how he tracked you in accordance with the manual’s requirements for obtaining a valid reading. In your case it’s possible they failed to meet those requirements.
IRLJ 3.1(b) specifies only 3 items the prosecution must provide, stating that “No other discovery shall be required.” It might be possible to make a separate public records request, but you would need to inquire with the city about that. Discovery is only about evidence for the citation issued to you personally.