Contested speeding

What is the name of your state? Washington.

Thanks for your help.
I have decided to contest a speeding ticket, 70 in a 60.
Upon getting pulled over I exited my vehicle and approached the Washington State Patrol officer in his car. I glanced inside at the radar display on his dashboard, while asking him if I could see the display. The units display was blank (00). As usual he said it was not required that he show me or, to keep the speed displayed on the unit in Washington state.
Is this true?
He went on to explain that another officer had clocked me at 80 mph. and radio'd him, whereafter he clocked me 70mph. and decreasing in speed.

The next day I sent in the ticket:”not guilty”.
Shortly thereafter I filed a request for discovery, asking for the following.

• The front and back of the ticket
• The full witness list
• All sworn affidavits
• All other evidence to be used by the prosecution.
• Repair records for any radar or speed measuring devices associated with the issuance of this citation.
• Manufacturers manual and specifications for any radar or speed measuring devices associated with the issuance of this citation.
• A log of the calibrations for any radar or speed measuring devices associated with the issuance of this citation.
• A copy of the departments FCC license to operate a radar unit or speed-measuring device.
• A copy of the repair calibration, and accuracy of the tuning fork or other calibration instruments used by the officer on that date.
• The arrest record of the police officer for three months prior to 9/22/2003
• The citing officer’s logbook for the date of 9/22/2003.
• A speedometer calibration certificate,
• All the maintenance and the repair records and the service records for the patrol car that was used by officer (blank) on the date of 9/22/2003.

Two weeks later I received a continuance issued by the court. Pushing the court date forward a month (but still within the 120 day limit).

Last week I received a packet from the prosecutors office with the following enclosed:

Plaintiffs list of Witnesses (including the officer and the radar technician)
2 Speed measuring device (radar) and tuning fork certifications. Dated 11/13/02 and 12/12/2000
Affidavit Re: radar speed measuring device
A copy of the front of the ticket only.
A Washington State Patrol Case Report w/some notes
A copy of my driving record (listing one ticket over 3 yrs old, and another that had been dismissed in court) (Why?)
A form: Agreed order for Deferred finding
A letter from the prosecutor requesting a copy of any motions I plan on bringing
And a schedule for traffic school classes in the state.


My questions are;
If the officer is listed on the prosecutor’s witness list, is he required to show, or must I issue a subpoena as well?
What will insure that an affidavit is not presented in his absence?
I have been told that having a radar tech appear in court can be pricey, will I incur any additional fees if the tech is supboena’d by the prosecutor?
Does the fact that discovery items requested were not received warrant dismissal due to lack of evidence? i.e. arrest record for 3 monthes prior, speedomenter calibration cert., and the manufacturers manual?
Can I defer after being found guilty?
And lastly, Why would a ticket older than 3 years, and a citation dismissed in a district court appear on my record?

[HomeGuru]

How fast where you going and what was the posted speed limit? Do you have any other moving violation infractions on your record? IF so, what are they?

[dequeendistress]

Can I defer after being found guilty?

hmmm

[HomeGuru]

[quote]Originally posted by freeerydr
[b]What is the name of your state? Washington.

Can I defer after being found guilty?

**A: it makes no deference.

[dequeendistress]

No chit.

I still wonder what the maintenance logs of the patrol unit have to do with a d*mn thing...baffle them with B.S. defense.

Disclaimer: It is raining, AND Monday.

[lwpat]

"asking him if I could see the display. The units display was blank (00). As usual he said it was not required that he show me or, to keep the speed displayed on the unit in Washington state.
Is this true?"

Why would he lie? Of course it is true.

This is a dinky 10mph ticket. Take the deferment or traffic school and quit wasting everybody's time.

THE POSTED SPEED LIMIT WAS 60. THE OFFICER SAID I WAS GOING 70.
I WAS NOT GOING OVER 60.
DINKY OR NOT, WHY SHOULD I BE ENTITLED TO PAY A $100 + FEE FOR DEFFERMENT AND ANOTHER FEE AND TIME FOR TRAFFIC SCHOOL FOR AN INFRACTION I AM NOT GUILTY OF.

MY DRIVING RECORD IS OTHERWISE CLEAN. I HAVE NO MOVING VIOLATIONS ON MY RECORD IN THE LAST 3 YEARS.
IS THIS WORTHY OF REVIEW, AND WHY?

2NDLY, I DO NOT BELIEVE IN TRAFFIC VIOLATION FEES AS A SOURCE OF REVENUE, ESPECIALLY WHEN PROFILING IS SO PREVELENT IN OUR LEGAL AND JUDICIAL SYSTEM.

HOW CAN IT BE THAT ONLY THOSE WHO CAN AFFORD TO DEFER, (OR HIRE A LAWYER TO DEFEND THEM) SHOULD GET THEIR CASES DISMISSED.

I AM DOING THE BEST I CAN TO DEFEND MYSELF, AND TO UNDERSTAND THE LEGAL SYSTEM AS A CIVILIAN AND MAKE IT WORK IN THE ETHICAL AND JUSTIFIABLE MANNER THAT IT SHOULD. PERHAPS I AM DREAMER.
THANKS TO THOSE WHO HAVE BEEN HELPFUL.

I WILL ASK AGAIN, BECAUSE I DID NOT RECIEVE A COMPREHENSIVE ANSWER.
CAN I DEFER, OR ACCEPT TRAFFIC SCHOOL, IF THE SYSTEM FAILS ME AND I AM FOUND GUILTY? I WOULD LIKE TO KEEP MY RECORD CLEAN.

[racer72]

The only thing that will get you out of the ticket is to prove innocence. Nothing in you previous posts give anyone any indication that you did not speed. You can subpeona all the records you want, if you don't know how to use them they won't do you any good. I am guessing you bought into one of those "beat speeding ticket" scams, no one subpoenas all the crap you did unless they know how to use it. And it is obvious you don't. You are going to get 5 minutes in court to state you case, what evidence can you present to show you did not speed?

My advice to you. If you truly want to fight the ticket, hire a good attorney. Your odds will improve 1000%. And most attorneys can look at what you have and will tell you if you have a case. At least let one look at what you have and he will coach you, this can save money.

To answer some of your questions, yes, you will have to subpoena the officer if you want him to appear. And only you or your attorney can serve it. You will have to pay anyone you subpoena to appear in court except the officer. The affidavit is the prosecutors evidence against you, it will be in court and used against you. None of the stuff you asked for and didn't receive would help you. The manufacturers manual has confidential information, you will never see one. You got your full driving record, no information is ever deleted. Any other inquiries into your record would be given as clean.

And as far as the question you really want an answer to, it is up to the prosecutor. You can't defer traffic tickets in Washington. The prosecutor will make you an offer before court, this is the time to negotiate. Some might give you a shot at getting off, others won't. There is no law to answer your question. If I was you I would ask that the ticket be change to a non moving violation, full fine, and traffic school. If the prosecutor is in a good mood, they will jump on this. And for you it means no points, no insurance increases and no ticket on your record. None of the above applies if you are going to court in Bellevue.

[lwpat]

"A form: Agreed order for Deferred finding"

If there is no deferment in WA why did he get the form?

[abezon]

1. You can defer tickets in Washington. There's a fee of $75 or whatever the ticket would have been whichever is larger. You plead guilty, but the finding of guilt is deferred. If you go 1 year without another ticket, the ticket is dropped. Deferrment is NOT available after the court finds you guilty. If the court finds you guilty, the only thing you can request is fine mitigation. (Down to a minimum fine of $65.)

2. WA does not require proof beyond a reasonable doubt for traffic tix because those are civil infractions, like zoning violations. The officers can testify by affidavit (the ticket is the affidavit). On the other hand, you can have the officer's report "suppressed" if it shows that the ticket was based on hearsay. (In your case, the hearsay was cop 1 telling cop 2 he clocked you at 80.) However, this is of dubious help to you, since cop 2 stated that he clocked you at 70.

3. To fight the ticket on the merits, you'll have to show that cop 2 didn't clock you at 70 (another car on the road of same make & model, malfunctioning radar gun, uncalibrated gun, etc.). Assume that the court will believe everything the cop says and disbelieve anything you say that contradicts the cop.

Read up on the radar gun calibration requirements & see if you have a legal argument. Otherwise, try to negotiate a non-moving violation & traffic school, or request a deferrment.

Thank you, that advice has been thoughtful and helpful,. Trying to negotiate with the prosecutor seems to be my best bet. I am aware that my dollar is worth more than my word in this system, and protection of my driving record and insurance rate is what's at stake and important to me.
Fortunately I have enough $ to do so, I feel for those who do not.
My original intent was to anticipate the officer not showing, seeing as he lives outside of the area and the court date is approaching the holiday season. But, If I can negotiate with the prosecutor and recieve nothing on my record, I will be appeased.
Thank you to the helpful souls for being here and providing this service. The community needs you.

Much Respect.
freeerydr.