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  1. #21
    Join Date
    Nov 2009
    Posts
    849

    Default Re: A Defense for Speed Trap in a Temporary Speed Limit

    Quote Quoting dgar
    View Post
    My question is this: Given his statement, and it is likely my word against the statement - this seems like a waste of time, should I simply try to accept the fine and cancel the contested hearing?
    If you accept the fine and cancel the hearing, it goes on your record which can trigger an increase in your insurance. When you appear at a contested hearing there’s no requirement to actually contest but it’s the best way to keep all your options open, and if a prosecutor is present he/she might offer to amend to a non-moving violation a few minutes before your hearing starts.

    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:

    1. 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the evidence of speed due to lack of foundation per IRLJ 6.6(d) IF you find no valid cert is filed at the court, either out of date or no cert at all for that unit.
    2. 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.

  2. #22
    Join Date
    Jan 2020
    Posts
    10

    Default Re: A Defense for Speed Trap in a Temporary Speed Limit

    Thanks searcher99!

    I called the courthouse, but they had no idea where I could locate the certificate, or where it was filed - they recommended checking with the Bellevue PD.

    Do you know where I should be looking to find this?

  3. #23
    Join Date
    Oct 2016
    Posts
    3,664

    Default Re: A Defense for Speed Trap in a Temporary Speed Limit

    Quote Quoting dgar
    View Post
    Thanks searcher99!

    I called the courthouse, but they had no idea where I could locate the certificate, or where it was filed - they recommended checking with the Bellevue PD.

    Do you know where I should be looking to find this?
    Did you speak to the court's clerk or some general help line??

  4. #24
    Join Date
    Jan 2020
    Posts
    10

    Default Re: A Defense for Speed Trap in a Temporary Speed Limit

    Quote Quoting PayrolGuy
    View Post
    Did you speak to the court's clerk or some general help line??
    The court clerk - I just called back and they pointed me to the prosecutors office, who asked me to email my request. I have done so and will reply with results!

  5. #25
    Join Date
    Nov 2009
    Posts
    849

    Default Re: A Defense for Speed Trap in a Temporary Speed Limit

    Actually what you are doing might work against you. Outside of the discovery request or asking for an amended charge, you should not be dealing with the prosecutor at all. The cert is required to be filed at the court. If the court clerk doesn’t know about any certs filed at the court, then you have grounds to move for suppression.

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