My question involves a traffic ticket from the state of: Washington
Trying to determine whether I have enough case to appeal a failed Contested Hearing?
Facts: Falsely stopped and cited for speeding 75 in 55 zone.
Officer claim: Used Radar SMD, approaching opposite direction, patrol speed 57 MPH.
I never exceeded 55 MPH (was on cruise control for 10 miles preceding stop), nor even passed the officer (or any car for 2.5 miles preceding stop). Officer traveled about a mile *behind* my car up to the stop.
Contested. Discovery. Subpoenaed officer.
Nothing in Officer sworn Affidavit/notes identifies me or my vehicle at all. Motion to suppress. Denied because "Officer's Affidavit incorporates by reference the Citation #" (even though all personal and vehicle data on the Citation were from the License and Registration documents provided to Officer during the stop).
In Cross Examination: Officer testified his initial observed 'speed in excess' was from 500 feet away, in very foggy conditions, did not maintain eye contact on the offending vehicle, never noticed any brake lights after passing. He could not remember where he was (map-wise) when clocking the radar, how far he traveled after passing that vehicle, nor where he turned around to pursue ("usually within about 500ft"), nor how long it took to get back on the road going the other direction. He was unaware his SMD had a Range setting, unaware that SMD can be affected by EMI. He admitted there were high-power transmission lines nearby. He said he signed and submitted his report about 3 minutes after the stop.
When following (pursuing) my vehicle, he did not observe any 'speed in excess', nor any brake lights come on.
County Commissioner gave Officer every benefit, including letting him changing his sworn testimony from Discovery (where his original affidavit outright said the SMD certification had expired); Ruling: 'Defendant presented no speedometer certification' (but I did present multiple photos showing my 2019 vehicle speedometer exactly matching roadside digital speed monitor signs at different speeds); Ruling: 'The Officer must have been the one to test the SMD because he said it was tested at the beginning and end of *my* shift.' (but the Officer did not testify to that... and he could not possibly have tested the SMD 'after his shift' at the time stated, because he testified his shift just began 30 mins earlier and the report was submitted 3 minutes after the stop... Ruling: "It's what they always do."); Ruling: Defendant presented no evidence of nearby high-power transmission lines (but my exhibits DID include a Google Earth screenshot of high-power lines coming right next to the highway).
Hearing via Zoom made it very challenging to present evidence for shared view. All my exhibits were submitted in advance. Commissioner said they reviewed it all (and perhaps so, but without context).
I was unfamiliar with the hearing format, so I probably jumped around too much between asking questions, making my own testimony, and afraid to pause long enough to do any math calcs on-the-fly.
The Commissioner made a final ruling before I rested. I was not allowed to present a Closing Argument.
For example: If two vehicles approach each other at 132 MPH (75 + 57) at 500 feet apart, they would pass in *2.6 seconds*, coming out of fog, disappearing into the fog. Very little time to make a positive identification. Since I never passed any vehicles for over 2 miles prior to being stopped, perhaps the offending vehicle targeted by the officer was a similar looking vehicle?
Do WA District Courts keep transcripts of Contested Traffic Hearings? To appeal, I would likely need what the Officer said (i.e. during cross examination).