Results 1 to 10 of 14

Hybrid View

  1. #1
    Join Date
    Mar 2010
    Posts
    19

    Default Washington State Speeding Ticket

    My question involves a speeding ticket from the State of Washington

    Hello guys!!!

    I got my speeding ticket back in February for doing 50 mph in 35 mile zone. I filed for contested hearing and sent my request for discovery. I got my hearing scheduled for next week and I'm trying to decide how I'm going to defend myself.

    I noticed in the discovery that I received my case number is one digit off. Also, here is the officer statement:

    On xx-18-2010 at 13:xx Hrs, I was working speed limit enforcement, in a fully marked patrol car and in uniform, with lidar laser on XXth Ave NE which is located in the City of Kenmore, King County, State of Washington. A Year Car Model, driven by Me was observed traveling at a speed over the maximum speed limit. The laser was directed on the subject's vehicle and I obtained a reading of 50 mp at a range of 209ft in a posted 35 mph zone. The reading consistent with my visual observations. An internal check and visual sight aliment check at 240 ft was performed with the laser before the stop and was found to be working correctly. I also conducted a distance check at 50' and 75' and found laser checked accurate. I'm trained and qualified lidar operator.

    Any help would be very appreciated.

    Thank you, Mike

  2. #2
    Join Date
    Mar 2010
    Location
    Brooklyn, NY
    Posts
    27

    Default Re: Washington State Speeding Ticket

    Quote Quoting skyrocket101
    View Post
    I noticed in the discovery that I received my case number is one digit off.
    Well, If every other information on the citation is correct, there shouldn't be a grounds for dismissal, or at least by ignoring it. If the rest of your information is written there, that is what they're going to flag on your records, so my best bet is to call them and notify about that mistake, and if they don't dismiss it (most probably not), they'll still assign you a court date.

    Quote Quoting skyrocket101
    View Post
    I got my hearing scheduled for next week and I'm trying to decide how I'm going to defend myself.
    The only explanation you seem to have to give to the court is about your incorrect case number, but that's pretty much it. What they'll most probably do is either still make you pay at that time, or reissue the ticket.

  3. #3
    Join Date
    Sep 2009
    Posts
    107

    Default Re: Washington State Speeding Ticket

    Is there no serial number listed on the affidavit for the SMD?

  4. #4
    Join Date
    Mar 2010
    Posts
    19

    Default Re: Washington State Speeding Ticket

    Quote Quoting jjb
    View Post
    Is there no serial number listed on the affidavit for the SMD?
    Yes, there is.

  5. #5
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Washington State Speeding Ticket

    Alright mike... One thing I found, and its a huge case breaker: The officer didn't say that he performed the test after the stop.

    That's your best argument right now. Maybe try a subsection argument too if it applies? But I'm sure that if you argue that it needs to be tested BOTH before and after the stop, then you've got a dismissal.

    Another thing: He did not say how he was trained and when he was trained in the use of LIDAR operation. Another valid point to bring up in KCDC.

    Is the case number one digit off on the affidavit?

    Brendan

  6. #6
    Join Date
    Mar 2010
    Posts
    19

    Default Re: Washington State Speeding Ticket

    Quote Quoting BrendanjKeegan
    View Post
    Is the case number one digit off on the affidavit?

    Brendan
    The case number is one digit off on the affidavit.

    Quote Quoting BrendanjKeegan
    View Post
    Alright mike... One thing I found, and its a huge case breaker: The officer didn't say that he performed the test after the stop.

    Brendan
    That's a good point. Do you know what I can reference?

    Quote Quoting BrendanjKeegan
    View Post

    Another thing: He did not say how he was trained and when he was trained in the use of LIDAR operation. Another valid point to bring up in KCDC.

    Brendan
    It says that he is trained but there is no date...

  7. #7
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Washington State Speeding Ticket

    Again, It doesn't say how and when he was trained. It only says that he was.

    After the stop. Well, you could start off by looking in the manual of the SMD that was used. I guarantee it says something about it there.

    But I would bring up the judicial notice argument. "Your honor, courts have taken judicial notice that the prosecution has a prima facie duty to establish that the radar unit was tested and found to be operating properly at the site of and reasonably close in time to the arrest."

    That should do the job.

    Brendan

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Speeding Ticket in Washington State
    By Philiminilli in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-05-2010, 06:34 PM
  2. Speeding Ticket in State of Washington
    By jacobnicola in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-10-2010, 09:23 PM
  3. Speeding Tickets: Washington State Speeding Ticket
    By timbermooncat in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-17-2009, 11:03 AM
  4. Speeding Tickets: Washington State SR 18 Speeding Ticket
    By colemac65 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-27-2009, 12:55 PM
  5. Speeding Tickets: Washington State Speeding Ticket
    By clark_a3 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-08-2008, 02:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources