Speeding Ticket

[kreetz]

What is the name of your state (only U.S. law)? Washington

I was cited for speeding 54 mph in a 35 mph zone. I have sent in the citation, and checked contested on the back of the citation before I mailed it in.

I have submitted a request for discovery, and only received a copy of the original ticket, and the "Speed Measuring Device infraction Affidavit"

The original copy of the ticket has the SMD checked, but on my copy of the ticket that the deputy issued me, the SMD is not checked. Would that be grounds to dismiss the infraction? Is it a point of contention on the deputy's part, because he checked the box after he gave me the citation?

I have not received the calibration records for the radar gun that was used. What would be my next course of action? My court date is Oct. 21

 

[racer72]

I was cited for speeding 54 mph in a 35 mph zone. I have sent in the citation, and checked contested on the back of the citation before I mailed it in.

Bummer.

I have submitted a request for discovery, and only received a copy of the original ticket, and the "Speed Measuring Device infraction Affidavit"

That is the evidence submitted by the DA's office to the court, it is what will be used against you.

The original copy of the ticket has the SMD checked, but on my copy of the ticket that the deputy issued me, the SMD is not checked. Would that be grounds to dismiss the infraction? Is it a point of contention on the deputy's part, because he checked the box after he gave me the citation?

That won't get the citation dismissed. It didn't stop you from requested SMD info in your discovery request.

I have not received the calibration records for the radar gun that was used. What would be my next course of action?

Ask the agency that holds the records for this info. The court will not go get discovery info you need, you have to go get it. If the ticket was given by the WSP, a visit to their local office will get you the cal records. Other police agencies may do this, others might want to see a subpeona. Call the issuing agency and ask. Based on what I have seen during my many visits to traffic court as an observer, most folks don't know how to us the calibration records to their advantage. The affidavit you already received should have the cal cert dates of the measuring device so you would not need to see the calibration info.

 

[kreetz]

Bummer.



That is the evidence submitted by the DA's office to the court, it is what will be used against you.


That won't get the citation dismissed. It didn't stop you from requested SMD info in your discovery request.


Ask the agency that holds the records for this info. The court will not go get discovery info you need, you have to go get it. If the ticket was given by the WSP, a visit to their local office will get you the cal records. Other police agencies may do this, others might want to see a subpeona. Call the issuing agency and ask. Based on what I have seen during my many visits to traffic court as an observer, most folks don't know how to us the calibration records to their advantage. The affidavit you already received should have the cal cert dates of the measuring device so you would not need to see the calibration info.

The affidavit does state at the bottom that the radar gun has been calibrated, yada yada yada, but it's something that is preprinted, and does not prove that he actually tuned the gun before and after his shift for that day, there doesn't appear to be a checklist of what he did to the gun, prior to using it that day. I don't know if that is a defense or not.

 

[racer72]

The affidavit does state at the bottom that the radar gun has been calibrated, yada yada yada, but it's something that is preprinted, and does not prove that he actually tuned the gun before and after his shift for that day, there doesn't appear to be a checklist of what he did to the gun, prior to using it that day. I don't know if that is a defense or not.

Modern radar guns used by most police agencies do not require daily calibration, every time the unit is powered up it self calibrates itself. It is not a defense, most if not all police officers would not risk the embarrassment of having tickets tossed out for using a radar unit that was in compliance. Plus the officer could face internal corrective action for using such a unit. If this is all you are hanging your hat on to get out of the ticket, I would suggest a couple other options. If you driving record is otherwise clean, ask for a deferral. Keep your nose clean for a year and the ticket goes away. If this is not an option, talk to a local attorney familiar with the court, they know what the judges want to hear when it comes to getting tickets tossed out.