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  1. #1

    Default Speeding Ticket for Doing 82 in 50mp Zone

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

    Hi,

    I have received a speeding ticket for doing 82 on a 50 mph zone. I filed for discovery for the sworn statement of the citing cop.

    Here are a couple of issues in the sworn statement.
    1)The cop states in the ticket that I was doing 82 on 50 zone which I was not, because I am a cab driver and I have studded tires on my cab. These tires do well on snow and ice but skid like crazy on wet roads. The cop also did not tell me at what speed he clocked me at when he pulled me over.
    2)The cop has clearly stated in the sworn statement that it was wet and rainy at the time he pulled me over and the it was dusk time. Can we use this rain fact to refute the findings of the radar.
    3)In the entire sworn statement the cop has not mentioned which road/ freeway he pulled me over, nor has he told about his location on the road. He has just written" I saw the defendants vehicle # **** coming NB at obviously excessive speed. I moved my car and clocked his car at 82 mph in 50mph zone"

    Please help me I have a contested hearing on the 10th of March 2010

    Thanks

  2. #2
    Join Date
    Feb 2010
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    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    Write out or scan the entire sworn statement and post it. This way Barry, Cole or I can determine a better defense for you.

    I highly doubt that courts have taken judicial notice that studded tires have an inability to drive over a certain speed limit. Therefore this argument is weak, but approaching medium.

    Was this LIDAR or Radar? What court is this in?

    Brendan

  3. #3

    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    hi, Thanks for the quick reply. I tried to upload the image of my citing officer's, sworn report, but the system is not allowing me to do so. I have posted my image online here is it link http://tinypic.com/r/fooxdw/6
    It is in Renton District courts
    I have checked the link it is working and safe. Thanks again and looking forward to your reply Thanks Singh

  4. #4
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    Feb 2010
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    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    Your main problem in this case is that you blatantly admitted to speeding and the cop wrote that down in his comments. It's gonna be very hard to argue that you did not say that in court. In my eyes, you are guilty as charged. This is a good example why you should "play dumb" when pulled over.

    However, there may still be hope. You may be able to point out the fact that the tuning forks were not tested and checked by a certified repair facility and that he did not state this in his statement.

    Let me know if you still think you have a case.

    Brendan

  5. #5
    Join Date
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    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    I think there are some inconsistencies in the statement that you might be able to exploit. First of all, the officer gives no indication of HIS location. The NOI may indicate where the infraction allegedly took place, but "my location" does NOT help pinpoint the officer's location. How can you question the officer's ability to properly observe your vehicle, when you have NO idea where he might have been.

    Second, the officer indicates that the radar was in "moving" mode. So, not only do you not know his location, you don't know what direction he was going -- was he behind you or ahead of you going in the same direction, or coming toward you in the opposite direction.

    Now, in "moving" mode, the radar is either permanently or temporarily "mounted" in the patrol vehicle. Yet, the officer indicates that you were approaching his location (implying that the officer was NOT moving, or he should have said, "as the defendant's vehicle approached my vehicle as we moved in opposite directions...") and that he, "directed my radar at the defendant's vehicle". How do you "direct" a "mounted" radar device -- aim the entire patrol car at the vehicle? In my opinion, the officer describes the operation of a "stationary" radar, while indicating it was in "moving" mode.

    As far as your "admissions" go, you can point out that the statements are taken out of context and do NOT accurately reflect your side. For example, in your statement that "this will never happen again", you MIGHT have been referring to the fact that your boss will "never" let you drive the vehicle again -- that's what I mean by "out of context".

    Then there's always the radar certification. Have you received it, or do you need to go to the courthouse to view it?

    Barry

  6. #6
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    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    Oh wow. I can't believe I missed that at the top. All I have to say is wow.

    Moving mode = perfect.

    And the "out of context" argument I feel is a fairly strong argument. Good idea, Barry.

    Renton District Court should have the certification on file.

    Barry, you truly are a defense mastermind.

    Brendan

  7. #7

    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    Hi,

    Thanks guys for the positive point of view towards my case. I have filed in a discovery request for the radar recalibration report, but I still haven't received it and my hearing is on the 10th of this month.

    Please advice, should I approach the court for not receiving the recalibration report in time.

    Thanks guys your are the best.

    Singh

  8. #8
    Join Date
    Feb 2010
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    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    Yes. If you asked for it and it wasn't addressed in their discovery return report, (i.e. (something on the lines of) "The Prosecuting authority in Washington State is no longer required to supply the radar calibration report and it is therefore not included." or "The radar calibration report is on file with the court.") then motion for dismissal on IRLJ 3.1b. They didn't get your request back to you by 7 days before the date and are therefore in violation of court rules.

    Brendan

  9. #9

    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    Hi Joginder, I agree with Mr Brendan that you have to play dumb some time in your life.God/Nature provides protection to the Dumb/Inocent people (think about new born baby). As the baby grow/become smart he loses that protection. Think before you speak, it works as amunition/bullet it can come back to you and harm you.

  10. #10
    Join Date
    Dec 2004
    Location
    Seattle
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    Default Re: Speeding Ticket for Doing 82 in 50mp Zone

    I couldn't agree with you less, Brendan. The prosecutor is under NO obligation to respond in ANY WAY to requests you are not entitled to. IRLJ 3.1 (b) entitles you to a copy of the officer's sworn statement and a list of witnesses the prosecution might call -- THAT'S IT! You are NOT entitled to a copy of the certification through discovery.

    Indeed, IRLJ 6.6 allows the certification to be "on file" with the court. If it is, and if you do not go to the court to view it, too bad!

    If you want to see the certification, go to the courthouse and ask. If THEY do not have it, THEN you can move for dismissal pursuant to IRLJ 6.6 (c) and (d).

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