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  1. #1

    Default Can the WA State Patrol Sit on Private Property and Shoot Radar

    My question involves a speeding ticket from the State of: Washington.

    I got a speeding ticket in Tacoma, WA on Hwy 7 a couple weeks ago and am going to court on it soon. The police report says the officer was "parked on the shoulder." There is no shoulder where the officer pulled me over as it's a city street with businesses all along both sides of the hwy. So first if he says he was parked on the shoulder but there was no shoulder would that be a technicality that I could get the ticket dissmissed on? Also can they use private property such as business lots to sit to use SMDs?

    He says I was doing 48 in a 35 which I find hard to believe being I had been driving slowly in order to try to find a business. I wasn't paying real close attention to my speed as I thought I was going at or below the speed limit to begin with.

    Also I have a bit of a problem with the ticket having the information about the officer checking his SMD before and after his shift preprinted. This leaves a huge margin for error if he happens to forget to check it one day as there are no actual readings. I requested a copy of the readings for the actual date of the infraction but never recieved them. I've heard of others, and have actually had a judge, point this fact out about the preprinted portion of the ticket being an argument for dismissal of the ticket. The judge that mentioned it referenced a case which I think was Jackson vs. someone but I don't recall the exact names. I've tried to do a search for it but have not been able to find anything about it online.

    Has anyone been able to successfully argue the point about the calibration information being preprinted on the tickets with no actual proof to back it up? Also does anyone have a good reference to the case concerning this that the judge had mentioned?

    All help is greatly appriciated!

  2. #2
    Join Date
    Jan 2009
    Posts
    29

    Default Re: Can the WA State Patrol Sit on Private Property and Shoot Radar

    I'd say that unless there's a "No Trespassing" sign up they can sit pretty much anywhere to shoot their radar at you. In your discovery part of the trial ask for a document stating where the cop was and compare it to where you were and go see if he was in violation of such a sign, in which case he was doing something illegal to get the reading and that might get it thrown out -- you can't start proceedings on wrongdoings if you yourself have done something wrong.

    Also, during discovery request written certification of him checking the calibration with tuning forks. If they refuse and point to your ticket then bring up the issues you mentioned above. But first make use of the online posting of state law to make sure you're not in in the wrong on most of it.

    Good luck.

  3. #3

    Default Re: Can the WA State Patrol Sit on Private Property and Shoot Radar

    Thanks for the advice Kadrien! I already did ask in writing for the calibration records for the day of the infraction but they just sent me a record of SMDs that were tested within the last 2 years as they say they only need to be certified every 2 years.

    I kind of figured they could sit on private property but I wasn't sure. But do you think having his location as on the shoulder when there is no shoulder and he would have had to have been in a parking lot would be enough of a technicality to get the ticket dismissed?

    Again, thanks so much for your help!

  4. #4
    Join Date
    Jan 2009
    Posts
    29

    Default Re: Can the WA State Patrol Sit on Private Property and Shoot Radar

    A lot of it depends on the judge. Some judges will go "Oops! He obviously has blue eyes and the ticket says green! Dismissed!", and others will go (and this is documented) "Because the officer took the trouble to write up the ticket, you must be guilty." Obviously the latter was thrown out on appeal, but the fact still remains that the judge's personality has a lot to do with guilty verdicts regardless of whatever facts can be brought to bear in a trial.

    Check to make sure the state law doesn't have something to say about how often the device must be calibrated. Furthermore, demand to see a repair manual for the radar gun. It will tell you a lot about it that you might find useful. Was it a Stalker Dual, by any chance? Those are like the only ones they use in NY now, and they have a +/- 2mph margin of error. It doesn't look like it'll help in your case since it's still 11mph over the limit, but every little bit helps.

    Make sure you know what you're entitled to under the law of the state and make it stick. If the judge doesn't allow it or the DA refuses any of it you have grounds for an appeal if you get convicted. Also, make sure you have a multi-pronged approach if you can, just in case you get shot down on one approach.

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