It’s possible the LIDAR unit identified in the officer’s affidavit could have an expired calibration certificate. Per IRLJ 6.6(d), a copy of the most recent certificate should be filed at the court, and language in the certificate should specify Bellevue’s calibration interval, either 1 or 2 years.
About 10 years ago I got a radar ticket dismissed in Bellevue District Court because the unit was last certified over a year prior to my ticket and the unit was supposed to be calibrated at least every 12 months. At that time expired certificates were common in Bellevue, so it’s worth checking—either by arriving early on the day of your hearing or anytime prior.
Also keep in mind it is NOT your word against the officer unless you argue the actual circumstances which you would only do if your preliminary motions fail. The actual evidence is the LIDAR reading and if suppressed they have no case.
Based on the affidavit, there are two potential defenses that I would try:
- Preliminary motion to suppress or exclude the evidence of speed due to lack of foundation per IRLJ 6.6(d) IF you find no valid cert is filed at the court, either out of date or no cert at all for that unit.
- Preliminary motion to suppress or exclude the evidence of speed due to lack of foundation: The officer is unclear on WHEN he “also” conducted a delta distance check on the unit. It could have been days, weeks or months prior.
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.
Your safest options will be to accept an amended charge (if one is offered) or to request a deferred finding (if you are eligible). Regarding a deferred finding, you can always ask the judge if he/she would be willing to hold your deferral option pending outcome of preliminary motions. Of the motions above, # 1 is strong if applicable, and # 2 is ok but more risky.