Laser speeding ticket

What is the name of your state? WASHINGTON State
I was caught speeding at 85 in a 60. Initially the officer said I was going 90 then came back to my vehicle and said that was wrong, that I was doing 85. I was caught by laser. I am contesting this ticket and would like to know (1) how to subpeona the officer, the testing/calibration records of the laser equipment. (2) What other records would you recommend I subpoena. (3) What information do you think I should have or be aware of that would help me win this case. I will be representing myself.

[HomeGuru]

Originally posted by PRas
What is the name of your state? WASHINGTON State
I was caught speeding at 85 in a 60. Initially the officer said I was going 90 then came back to my vehicle and said that was wrong, that I was doing 85. I was caught by laser. I am contesting this ticket and would like to know (1) how to subpeona the officer, the testing/calibration records of the laser equipment. (2) What other records would you recommend I subpoena. (3) What information do you think I should have or be aware of that would help me win this case. I will be representing myself.

**A: how fast were you actually going, what is the posted speed limit and what is the year, make and model of your vehicle. What does your current traffic abstract look like? Do you have a current safety check, registration and insurance?

I do not recall exactly how fast, honestly. If I were to guess..probably 70-75. I was in with a group of other vehicles. I have '98 Ford Exp. SUV. My driving record is a negligent tickent nearly 3 years ago (this June will be 3 yrs) and a speeding ticket about 1.5 yrs ago. I have been in an accident but that was nearly 6+ years ago, my fault. I have current license and registration and as far as safety check, I'm not sure what you mean by that. I just bought this Explorer 2.5 months ago, used. I'm in the US Navy and will be shipping out soon (end of May) so I'm not sure how that will play out with court dates, etc.

Does any of this info help?

Oops, I didn't answer two of your questions. The speed limit is 60 and yes I have insurance.

[HomeGuru]

Use JAG and do not represent yourself.

Ok, I'll give JAG a call Monday. Thanks.

[HomeGuru]

Ok.

[harbor14]

Originally posted by PRas
What is the name of your state? WASHINGTON State
I was caught speeding at 85 in a 60. Initially the officer said I was going 90 then came back to my vehicle and said that was wrong, that I was doing 85. I was caught by laser. I am contesting this ticket and would like to know (1) how to subpeona the officer, the testing/calibration records of the laser equipment. (2) What other records would you recommend I subpoena. (3) What information do you think I should have or be aware of that would help me win this case. I will be representing myself.

There is no requirment for an officer to appear in traffic court in Washington state. Our sworn decleration on the infraction is all that is needed for the states proof.

You can fill a motion for the records you mention, but I have to tell you it will not do you much good. There are generally letters already on file with the courts for these requests.

If you do subpoena the officer, bad move on your part by the way, he will show up; explain the workings of the laser, why your vehicle was picked out etc. And end the end the court will usually side with the officer. The proof is not beyond a reasonable doubt but only the preponderance of the evidence. Odds are you will have no rebuttal evidence to submit, but will only question the officer.

Better choice, ask for traffic school; keep you record clean for a year and the ticket goes away - provided you have not used this before in the last 7 years.

JAG will not represent you in a civilian hearing.

That was my impression about the JAG services as well, not representing in a civilian matter such as a speeding ticket. Your comments are interesting and helpful. If my Plan A doesn't fly, then I will consider using Plan B, the traffic school idea as I have never used it nor taken it before.

If the officer isn't required to show up (and I don't subpoena him) and can just provide a signed affidavit or sworn statement of the events resulting in the citation, then at what point would I the defendant, have a chance of getting my side of the story told and heard? Would it be after the prosecution reads the affidavit from the officer and provides any other evidence they have and then rests their case? Or do I even get to tell my side?

[lwpat]

"then at what point would I the defendant, have a chance of getting my side of the story told and heard? Would it be after the prosecution reads the affidavit from the officer and provides any other evidence they have and then rests their case?"

Yes, but whatever you say will probably be ignored. You are on the losing end and your best bet is to either show up in court and try to negotiate for the best deal or retain an attorney to do the same thing.

My information is that Washington State does not allow traffic school. If this is incorrect I would apprecitate a return post.

[harbor14]

Nope, Washington does allow it. One deffered prosecution every 7 years for a moving vio and once every 7 years for a non-moving vio.

It is handled as such; if available the suspect takes traffic school - pays court cost and traffic school cost; keeps record clear for a year the infraction disappears. Any traffic violation of the same genre (moving/non-moving) during that year the suspect receives the old one as charged and the new.