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  1. #1

    Default Validity of Officers Affidavit

    My question involves a speeding ticket from the State of: WA , Spokane county.

    First I want to thank everyone for the help. The information on here is fantastic. My question involves the statement on the officers affidavit on a speeding ticket. It reads;

    "The calibration of the above SMD was checked at the beginning and end of the Deputy's shift, and the unit was found to be in proper working order. The calibration was checked by the use of the internal tests, and externally by the use of the tuning forks."

    My question here is that the statement doesn't acknowledge who checked the device nor does it give an indication if the deputy was present during the testing. Being that it appears to be vague in nature could it then be considered hearsay?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Validity of Officers Affidavit

    I'd say that there's a chance that it does not meet the requirements of ER 602:

    Quote Quoting ER 602
    A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony.

    Since the statement does NOT say that the deputy actually performed or witnessed the tests, theoretically, there is NO evidence to "support a finding that the witness has personal knowledge of the matter." Therefore, the deputy cannot testify about the calibration. I'd move to suppress the statement pursuant to ER 602.

    Barry

  3. #3

    Default Re: Validity of Officers Affidavit

    Thanks ! this forum is the best by far !

    I submitted my request for discovery. Nothing was sent out, case dismissed.

    I still would like to see if the officers affidavit holds up but I dont want to float that until it is practical. I have a friend who is a judge so I may run it by him at some point.

    Thanks again.

  4. #4
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Validity of Officers Affidavit

    was the case dismissed or are you just waiting for the discovery packet. IRLJ3.1 requires the plaintiff to send it to you if you request it (in writing)

    as for the affidavit, Barry is spot on here.......

    Your honor, i would ask that you surpress the officers affidavit as the officer has not properly attested that he was in fact the deputy that calibrated the radar unit. Nor does he state what shift the unit was tested on. Was it the day of the stop or the day before or weeks before, he has not identified what shift. Do you have the whole affidavit handy?? i am sure we could have come up with a million reasons to get it surpressed, and with a surpressed affidavit, there is no evidence which means DISMISSAL!

  5. #5

    Default Re: Validity of Officers Affidavit

    The prosecutors office didn't fulfill my request, so the case was dismissed.

    With that in mind, I have to ask myself if it was because the records don't exist and attesting to that would provide an open door to have EVERY citation issued based on SMD's dismissed or overturned. Or the possibility that it was just an oversight by their staff.

    The city and county are trying to extort the revenue shortfalls from the citizens. I got stopped last week for only 1 rearview mirror. Ever drive a Triumph Spitfire? the mirror shields traffic lights, intersections, sidewalks, pedestrians and whatever else from view. This will be my next challenge...

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