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  1. #1

    Default Ticket Defense - 6.6 Radar/LIDAR Cert

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

    Last week I got a speeding ticket from a Marysville police officer (north of Seattle). I was on a six-lane arterial off I-5 which starts the first couple of blocks at 35mph, but then suddenly drops to 25 for two blocks, then back to 35! The officer's explanation was that that's a high accident intersection... pffff. Cheating, is what he was doing.

    My Passport 8500 X5 didn't make a peep. I only saw the cop get on his motorcycle and turn on the lights, I didn't see a radar gun, but I'm sure he used one. I'm concerned that there's a new radar which the Passport cannot detect? Only thing on the ticket is "SMD".

    Anyway I was in a Redmond court on another matter recently, and watched as a lawyer got a speeding ticket dismissed. He moved to suppress the radar evidence on the grounds that the city of Carnation "does not have a 6.6 radar/lidar certification on file." The judge accepted that and then he moved for dismissal and got it. As this lawyer was leaving I asked him if Marysville also lacks this certification, and he said as far as he knows they all do!

    I've tried to find this '6.6 certification' to no avail. Must be some new requirement if all cities lack it?

    Is it possible that my radar detector did not pick up the shot because the gun was so far out of alignment? This is the Passport company's explanation. If this is the case, how could I use this as a defense?

  2. #2

    Default Re: Ticket Defense in Wa - 6.6 Radar/LIDAR Cert

    The SMD cert records can be maintained by the court. See the rule below. Did the officer file the cert with the court? Is the cert incorporated by reference?

    I'm not sure however what defines "or if it has not been filed as required". Can it be incorporated by reference online? Where it is posted on a website?

    http://www.courts.wa.gov/court_rules...eid=cljirlj6.6

    Code:
    (d) Maintaining Certificates as Public Records.  Any
    certificate, affidavit or foundational evidentiary document
    allowed or required by this rule can be filed with the court and
    maintained by the court as a public record.  The records will be
    available for inspection by the public.  Copies will be provided
    on request.  The court may charge any allowable copying fees.
    The records are available without a formal request for discovery.
    The court is entitled to take judicial notice of the fact that
    the document has been filed with the court.  Evidence will not be
    suppressed merely because there is not a representative of the
    prosecuting authority present who actually offers the document.
    Evidence shall be suppressed pursuant to subsection (c) of this
    rule if the evidence in the certificate, affidavit or document is
    insufficient, or if it has not been filed as required.
    How to Suppress Radar Certification- here is a case where someone won!
    http://www.expertlaw.com/forums/showthread.php?t=92462

  3. #3

    Default Re: Ticket Defense - 6.6 Radar/LIDAR Cert

    It sounds like you're saying this must be done on a case-by-case basis? Alternatively that rule seems to say that a blanket cert can be filed.

    I seem to have found the "6.6" he was referring to:
    http://www.courts.wa.gov/court_rules...rit506.6&pdf=1

  4. #4

    Default Re: Ticket Defense - 6.6 Radar/LIDAR Cert

    Do you have discovery? If the officer filed the cert with the infraction then that is sufficient. If the officer did not file the cert and it is not on record with the court then that could be in your favor.

    The law says, "evidence in the certificate, affidavit or document is
    insufficient, or if it has not been filed as required."

    I'm not clear what would be considered insufficient filing. But if it is not filled you could motion to dismiss. just my 2 cents maybe others can chime in.

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Ticket Defense - 6.6 Radar/LIDAR Cert

    Quote Quoting Quantum
    View Post
    I seem to have found the "6.6" he was referring to:
    http://www.courts.wa.gov/court_rules...rit506.6&pdf=1

    Your link is to the Local Rules for the Ritzville District Court. Why would you think they'd apply in Marysville, Redmond or Carnation? DWA already gave you a link to the state-wide IRLJ 6.6.

    Barry

  6. #6

    Default Re: Ticket Defense - 6.6 Radar/LIDAR Cert

    Quote Quoting blewis
    View Post
    Your link is to the Local Rules for the Ritzville District Court. Why would you think they'd apply in Marysville, Redmond or Carnation? DWA already gave you a link to the state-wide IRLJ 6.6.
    Because I'm stupid. I am just trying to figure out all these byzantine regulations, and am lost. This is why I am here.

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Ticket Defense - 6.6 Radar/LIDAR Cert

    Actually, I'm not sure WHY you're here. It seems to me that since you said in another thread that you already returned your ticket marked "mitigation", you've already pleaded "guilty" -- therefore, you have no use of a defense. The radar certification is of no consequence, nor are the rules pertaining to it.

    At a mitigation hearing, you can ask for a deferral, or you can offer your reasons as to why your fine should be reduced. The judge CANNOT find you "not guilty", no matter WHAT you say or prove. IRLJ 3.4 states:

    Quote Quoting IRLJ 3.4
    (c) Disposition. The court shall determine whether the defendants explanation of the events justifies reduction of the monetary penalty. The court shall enter an order finding the defendant committed the infraction and may assess a monetary penalty.

    "The court SHALL enter an order finding the defendant committed the infraction". In the law, "SHALL" means "MUST". The court has no options.

    Barry

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