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  1. #1
    Join Date
    Jan 2019
    Location
    Bothell, WA
    Posts
    3

    Default Speeding Ticket in Bothell with Visual Estimate and LIDAR

    My question involves a traffic ticket from the state of: Washington , King County - Municipal Court of Bothell
    I have read numerous posts on here that have been incredibly helpful. I filed my discovery request using blewis advice. Here are my docs and defense.

    Filed Ticket https://drive.google.com/file/d/1pul...ew?usp=sharing
    City response to dsicovery demand : https://drive.google.com/open?id=1OV...QSNYdGi3HyknxD
    Officer Statement : https://drive.google.com/open?id=1AJ...ik-F2yYfwfJQjQ


    LIDAR_Certification_Page1 : https://drive.google.com/open?id=1hB...8JXwJfs621_t06
    LIDAR_Certification_Page2 : https://drive.google.com/open?id=1s5...H2oM9tZd9lhL7D

    My hearing is on Thursday (and I know it's not ideal timing wise) but thanks so much for any help. My question is:
    1. Why does the officer mention his visual speed estimation capability several times ?
    2. He has mentioned that he "checked the Lidar Unit's Calibration internally and externally using : internal self-diagnostic check, HUD aiming reticle alignment check , fixed distance check and delta distance check , before and after contact with the defendant. LIDAR unit was determined to be functioning correctly, before and after stop with the defendant." - DO they really do this after every infraction ? or is this a general statement that i Can argue against , "Functioning correctly" being vague ?
    3. He mentioned LIDAR reading of 66 MPH at a distance of 374 feet" , Is this distance within the spec of Kustom Signals Pro LAser iii
    4. Most recent calibration testing was done April 11th , 7 months prior to the infraction - But Kustoms Pro does only evrey 24 months. Any chance here ?


    Do I have any arguments against the prosecution or do I plead guilty prior to hearing ?

  2. #2
    Join Date
    Sep 2010
    Posts
    18,997

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    1. Not sure what he is talking about. He mentions the training and the he mentions the observation. The "clear and unobstructed view" is fluff for the LIDAR use.
    2. Doesn't matter if they do it after every stop, he testified that he did, it's going to be assumed to be the truth. Functioning correctly isn't vague. The POST and other tests are go/no-go tests without interpretation required.
    3. The unit in question is good for a mile, though for practical matters (beam width), 1000' is a good limit.
    4. Eh? 7 months is less than 24.

  3. #3
    Join Date
    Nov 2009
    Posts
    793

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    Quote Quoting SSraj
    View Post
    Do I have any arguments against the prosecution or do I plead guilty prior to hearing?
    If you admit to the infraction it will go on your state driving record, so that is NOT a good idea. A better approach would be to arrive a little early, speak to the city prosecuting attorney and ask that the charge be amended to a non-moving violation.

    The only defense I can see is a preliminary motion to exclude or suppress evidence of speed due to lack of foundation, because the officer did not say when the device was checked prior to the stop, so it could have been days, weeks or even months prior. However that motion is probably weak with a good chance of being denied, so asking for an amended charge or deferred finding (if you are eligible) is safer.

  4. #4
    Join Date
    Jan 2019
    Location
    Bothell, WA
    Posts
    3

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    Thank you @Flyingron and @searcher99. Sincerely appreciate your time in responding to my thread.

    @searcher99, Good catch on "when" the device was checked prior to the stop .. But, as you said, it doesnt sound strong enough to get the case dismissed

    I havent used a deferred finding in WA yet. I will try to plead the prosecuting attorney for a non-moving violation with lower fine (currently the fine is 361$ ! , Can't afford that much ! )
    Though I have no violations on record, I do have 3 speeding tickets prior to this one, (Aug 2015, Dec 2015 and March 2016) ,all of them amended or dismissed. Will that affect my chances of an amendment ? This is easily the worst ticket in terms of speed above the limit.

    My case is at 9.30 AM on thursday.
    Thank you for your time.

  5. #5
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    Hello SSraj!

    Just wanted to see if you can post an update on our case.

  6. #6
    Join Date
    Jan 2019
    Location
    Bothell, WA
    Posts
    3

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    Sorry, I should have updated earlier

    I couldnt argue for anything , I spoke to the prosecuting attorney prior to hearing ,in the court , she said the case is strong and she wouldnt mind going to hearing if I wanted to pursue that option
    I tried to negotiate for a non moving violation but she said given my prior history of tickets (Aug 2015, Dec 2015 and March 2016 - all amended to non-moving) , she is not inclined to give me that option either. So , either ticket on the record with a lowered Speed or Deferred finding.
    I took the deferred finding.
    In Bothell municipal court, deferred finding is just the whole ticket penalty with no probation period. I cant use the option of deferred finding for the next 7 years.

  7. #7
    Join Date
    Nov 2009
    Posts
    793

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    Thanks for updating us about your experience at the Bothell court. Based on what I’ve observed, they do a lot of amendments and deferrals, so to successfully contest there would probably require a strong defense. This is probably your last shot at keeping a ticket off your record, so try to be more careful going forward.

  8. #8
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Speeding Ticket in Bothell with Visual Estimate and LIDAR

    Thanks for the update, its good to know that I possibly get the ticket amended to a non moving violation, just didn't know you can do this before trial.

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