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.
Thanks in advance.