LegalNewbie123
Junior Member
What is the name of your state (only U.S. law)?
Washington State
A few months ago I was pulled over on a city street by a police officer and told I was going 58mph in a 35mph zone while I was passing another car. I'm not certain if I need to certify my innocence here, but I was actually going at 35mph and driving my mother home. She was witness to the speed I was driving at, though from what I've read this isn't much help.
I sent a letter to the prosecuting attorney requesting a great deal of information including witness statements, make, model, serial number of the lidar device, training record of the officer, calibration and repair history for the lidar device, manual for the lidar device, any documentation the officer may rely on, copy of the officers ticket, any disciplinary action taken against the officer, and a complete log of radio transmissions between the officer and dispatch pertaining to the ticket.
What I got was a copy of the ticket, a copy of the officer's affidavit, a driving abstract (which looks like just a copy of my driving record), and several certificates of calibration for the lidar detector (LTI Ultralyte LRB).
In the affidavit the officer states he performed a confidence check in the morning and afternoon (with specific times) using the "Delta Distance Check", and performed a scope alignment test. Neither of these verify that the lidar was able to accurately check speed, right?
The calibration certificates (I received 5) state that the unit had been calibrated with these tests on the 2nd and 4th:
(1) Self test, initialization and display
(2) Scope alignment test
(3) Fixed distance/Zero velocity and delta distance test
(4) Reference Frequency test
and this test on the 5th and 12th:
Doppler program utilizing precision signal generators to simulate speeds at 5mph increments from 20mph to 120mph.
Here they list a 30mph and 55mph tuning fork as well as two antennas (none of which have serial numbers) as being used to perform the test.
The last certificate was just a general certificate of calibration on the 13th.
My ticket was given on the 7th.
So my question for that is, does this mean the lidar was not necessarily properly calibrated on the 7th when I received my ticket?
I can't find anything that indicates how long each calibration is good for in Washington state, but I find it odd that these tests are only a few days apart. Also I've been all over the internet looking for answers to these questions and have only found a few good websites that give any relevant information. One of the other threads had a few posts recommending the TIPMRA website. After looking through some of the information they claim to contain I've been trying to find information about the case law they mention but can't find anything other than what they have on their own website, or at least google and findlaw.com don't seem to be any help.
Should I just pay the thirty dollars and get a membership, or whatever it is, to TIPMRA?
Also, how do I find any case laws specific to my own state?
I know this post is long and I apologize for it, but if anybody is willing to help please let me know. I was absolutely sure the lidar had been improperly calibrated when I was pulled over, but I don't know what the standards are for calibration, and though I can use the lidar defence listed at TIPMRA, without spending some money I probably won't have the supporting case law to back me up.
Thanks in advance.
Washington State
A few months ago I was pulled over on a city street by a police officer and told I was going 58mph in a 35mph zone while I was passing another car. I'm not certain if I need to certify my innocence here, but I was actually going at 35mph and driving my mother home. She was witness to the speed I was driving at, though from what I've read this isn't much help.
I sent a letter to the prosecuting attorney requesting a great deal of information including witness statements, make, model, serial number of the lidar device, training record of the officer, calibration and repair history for the lidar device, manual for the lidar device, any documentation the officer may rely on, copy of the officers ticket, any disciplinary action taken against the officer, and a complete log of radio transmissions between the officer and dispatch pertaining to the ticket.
What I got was a copy of the ticket, a copy of the officer's affidavit, a driving abstract (which looks like just a copy of my driving record), and several certificates of calibration for the lidar detector (LTI Ultralyte LRB).
In the affidavit the officer states he performed a confidence check in the morning and afternoon (with specific times) using the "Delta Distance Check", and performed a scope alignment test. Neither of these verify that the lidar was able to accurately check speed, right?
The calibration certificates (I received 5) state that the unit had been calibrated with these tests on the 2nd and 4th:
(1) Self test, initialization and display
(2) Scope alignment test
(3) Fixed distance/Zero velocity and delta distance test
(4) Reference Frequency test
and this test on the 5th and 12th:
Doppler program utilizing precision signal generators to simulate speeds at 5mph increments from 20mph to 120mph.
Here they list a 30mph and 55mph tuning fork as well as two antennas (none of which have serial numbers) as being used to perform the test.
The last certificate was just a general certificate of calibration on the 13th.
My ticket was given on the 7th.
So my question for that is, does this mean the lidar was not necessarily properly calibrated on the 7th when I received my ticket?
I can't find anything that indicates how long each calibration is good for in Washington state, but I find it odd that these tests are only a few days apart. Also I've been all over the internet looking for answers to these questions and have only found a few good websites that give any relevant information. One of the other threads had a few posts recommending the TIPMRA website. After looking through some of the information they claim to contain I've been trying to find information about the case law they mention but can't find anything other than what they have on their own website, or at least google and findlaw.com don't seem to be any help.
Should I just pay the thirty dollars and get a membership, or whatever it is, to TIPMRA?
Also, how do I find any case laws specific to my own state?
I know this post is long and I apologize for it, but if anybody is willing to help please let me know. I was absolutely sure the lidar had been improperly calibrated when I was pulled over, but I don't know what the standards are for calibration, and though I can use the lidar defence listed at TIPMRA, without spending some money I probably won't have the supporting case law to back me up.
Thanks in advance.