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  1. #1
    Join Date
    Feb 2020
    Location
    Sequim, WA
    Posts
    6

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

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

    I am contesting a ticket I received and would appreciate any advice. I have read through many of the threads on this site and have found them to be a wealth of knowledge, but my case is slightly different and I am hoping to get some specific advice as to how I can get the radar or the officer's declaration excluded from the record. There are several items that are simply untrue in his declaration along with several embellishments. The he said she said argument does not really hold up I know. The officer was in the right lane and I was in the left in a 45 zone. At first the officer was traveling below the speed limit. As I approached he sped up to the speed limit and we matched speeds. Ahead of him was a City Police vehicle and ahead of that was a cement truck. The City Police moved into the left lane and passed the cement truck as they started to go up a hill and the cement truck was not able to maintain speed. The City Police appeared to be traveling well above 45. As the Trooper approached the cement truck he was forced to slow, since I was in the left lane I was able to maintain the 45 mph speed and passed the Trooper and the cement truck. After cresting the hill and rounding the corner around 1200 feet away is the 55 mph sign. When I could see the sign I began to accelerate to 55 mph. At this point I was ahead of the Trooper and less than 1200 feet from the 55 mph sign. I probably hit 55 just before the 55 sign.

    The Trooper clearly states that he obtained the speed from his rear antenna, but also states that I was in front of him. He also states that he had the speed reading for at least 15 seconds. I am not sure if that is required or not, but it is not even 15 seconds from the point I started to accelerate to the 55 mph sign, so he could not have possibly has me on his radar in the 45 zone for 15 second. I have also noticed that there is an argument to made for not clearly stating the subsection of 46.61.400, should I open with this, or the fact that he states that he used his rear antenna and I was in front of him.

    Here are the the excerpts from the State Trooper's statement:
    "When defendant's speed was obtained on the rear, it emitted a clear, concise, high pitched audio tone. I observed a visual display on the RADAR SMD of 55 MPH in the 45 MPH speed limit zone for at least 15 seconds. I was using my RADAR in the same direction moving mode, the vehicle was approaching my location. The reading on the defendant was obtained using the rear antenna."

    "The defendant moved up to my left rear quarter and remained there as if he wanted to pass by me. I was traveling the 45 mph speed limit through Morse Creek. As we rounded the curve at the top of Morse Creek the defendant accelerated to 55 mph. He then passed me in the left lane and continued to accelerate just as we exited the curve."

    Seems like to me that if he was in fact using his RADAR in the rear facing direction and I was in front of him the RADAR data should be excluded from the evidence.

    Thoughts?

    Thanks in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,777

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

    When I could see the sign I began to accelerate to 55 mph
    That was a mistake. The new limit starts at the sign, not before it.

    I probably hit 55 just before the 55 sign.
    Then you were doing 55 in a 45 mph zone.

    The Trooper clearly states that he obtained the speed from his rear antenna, but also states that I was in front of him. He also states that he had the speed reading for at least 15 seconds. I am not sure if that is required or not, but it is not even 15 seconds from the point I started to accelerate to the 55 mph sign, so he could not have possibly has me on his radar in the 45 zone for 15 second. I have also noticed that there is an argument to made for not clearly stating the subsection of 46.61.400, should I open with this, or the fact that he states that he used his rear antenna and I was in front of him.
    Sorry, I don't see any defenses there. If you got cited for 10 miles over it was because you were doing 10 miles over.

    Seems like to me that if he was in fact using his RADAR in the rear facing direction and I was in front of him the RADAR data should be excluded from the evidence.
    The antenna is multi-directional. Ask him when you get to court. He'll tell you.

  3. #3
    Join Date
    Feb 2020
    Location
    Sequim, WA
    Posts
    6

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

    Doesn't the officer need to switch from the read antenna to the front? The last time I did a ride along with my cop friend he had to do that on his radar?

  4. #4
    Join Date
    Apr 2014
    Posts
    191

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

    Since this is in WA the officer will not show up unless you subpoena him which is generally a bad idea. You have a problem that the officer states that you were doing 55 both in approaching him and after you passed him. Even if you get the reading from after you passed him excluded you still have to deal with the reading from when you approached him. The officer states he was using the rear antenna when you were approaching him but is silent about which he used after you passed him. Your other issue the standard for conviction, it only requires preponderance of the evidence, not beyond reasonable doubt. That lower standard is really hard to overcome unless you can get radar excluded. If you post the complete statement from the officer, calibration certificates, etc., it will be easier for the group to find issues that could lead to SMD exclusion and an acquittal. There are details the officer has to address in the statement which can lead to a dismissal if the i's are not dotted and the t's not crossed. With the information provided so far it is not looking good for you.

  5. #5
    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 have tried to post links to the scanned report, but they have not been posted. Is there another way to add a picture or pdf?

  6. #6
    Join Date
    Oct 2016
    Posts
    3,805

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

    PM it to me and I'll post it for you. Make sure any personally identifying info is blocked.

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