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  1. #11
    Join Date
    Oct 2016
    Posts
    3,867

  2. #12
    Join Date
    Nov 2013
    Posts
    6,843

    Default Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    None of the links produce anything.

  3. #13
    Join Date
    Oct 2016
    Posts
    3,867

    Default Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    Quote Quoting budwad
    View Post
    None of the links produce anything.
    I see that. I don't know why he would send them to me to post then.

  4. #14
    Join Date
    Feb 2020
    Location
    Sequim, WA
    Posts
    6

    Default Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    I am not sure why they do not work. They work when I click on them from the PM that I sent...

    I will try again.

  5. #15
    Join Date
    Nov 2009
    Posts
    858

    Default Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    The only problem I’m seeing is where he states, “The patrol vehicle’s speedometer was certified on 1/9/2020 by Trooper Fallon, using RADAR unit R2896. It was found to be accurate.

    As a preliminary motion, you could move to suppress or exclude the evidence of speed, because he does not attest to personal knowledge that he observed Trooper Fallon conducting the test (ER 602), nor did he identify the patrol vehicle so you can check to see if a written speedometer certification is filed at the court (ER 901). Therefore the patrol speed window/speedometer check cannot be authenticated.

    The judge might not grant the above motion, but it’s worth a shot because the officer alluded to the speedometer certification as an element in his statement.

    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.

  6. #16
    Join Date
    Feb 2020
    Posts
    2

    Default Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    First of all, from your recollection of the event, I see nothing illegal here, but I'm not an expert.
    The situation is very easy to picture with your description: 2 lane road, you passed the trooper at 45, and accelerated to 55 when you saw the 55 sign. Seems perfectly normal to me.
    If you were going exactly 45mph, and slowly accelerated to 55, you would only be speeding by a few miles per hour, at which point a traffic stop is ridiculous. If the officer admitted to pulling you over for going 55mph just 200 feet prior to the official 55mph sign, it would be pathetic and make him look like a fool.

    I also agree that his statement seems contradictory, or weird at best.
    As you highlighted, how can "the defendant hover at the rear left quarter" but also be going 10mph faster than the trooper? It's an obvious contradiction, and I would lean heavily on it in court.

    Unfortunately, unless you can make the officer slip-up their testimony in court, I don't see you turning the tides. This is where a dash cam or such would be helpful.

    Second, how the heck did you get a written statement prior to going to court??
    I've never heard of that and would be quite interested in knowing.

  7. #17
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    Quote Quoting Aroloc
    View Post
    Second, how the heck did you get a written statement prior to going to court??
    I've never heard of that and would be quite interested in knowing.
    In WA state the report and details are standard practice. The officer only testifies if the defendant actually subpoenas them, otherwise the evidence is the report which can be provided to the defendant via discovery (or whatever process WA state has in place).
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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