My question involves a traffic ticket from the state of: Washington, Whitman County
I am attempting to contest a speeding ticket by mail and am in need of help on two things: 1) how to identify information in the SMD affidavit that could dismiss the case, and 2), if there is nothing in the affidavit, how to best phrase "my side of the story." I have received two speeding tickets in my life, and unfortunately they were 7 months apart. I deferred the first one, thinking I would certainly not get another ticket (much less in the same year).
I was driving East Bound on State Route 26, coming over a hill in a 65mph zone when I was clocked by a patrol car in the West Bound lane, using a SMD. In my little car, I had the engine turning up to 3,500 rpms (normal for my car on hills), and as I crested over the hill, I did not immediately take my foot off the gas as I started down the other side. The officer stated he clocked me at 79mph. He only charged me as going 5 mph over the 65mph limit, but still stated on the ticket that I was identified as driving 79mph. I do remember other cars around me, but none in front of me.
The courts replied to my request for discovery within 10 minutes, and this is what was returned to me:
"On the date & time identified on the front of the Infraction, I operated a Speed Measuring Device (SMD) in Whitman County, Washington. I operated the SMD in the Moving Mode – (the Patrol Car speed shown on the SMD matched the speed shown on my vehicle’s speedometer). I identified the defendant’s vehicle, traveling East –bound, at a speed in excess of the posted 65 mph speed limit.
I heard the SMD emitted a Steady high pitched audio tone in pitch. I saw no other vehicle(s) or obstructions between my location and the defendant’s vehicle when I obtained the reading. I saw the SMD display a speed of 79 mph for the defendant’s vehicle. At the time of the reading, I saw the defendant’s vehicle (is): Alone.
The Weather was: Overcast.
The Road conditions were: Dry
The Light conditions were: Daylight
The Traffic conditions were: Light
Front Antenna Closing
Upon contact I heard the driver say: need a bathroom
Additional Information: 68/79
POP Mode Not Used x
I did not see the Defendant pass any other vehicle. In addition, I saw no vehicles so close behind the defendant’s vehicle that the defendant could not have slowed back down to the posted speed limit at the time I obtained the reading. I explained that the defendant had 3 options on the back of the notice and 15 days to respond to the court address listed at the bottom of the NOI. I showed the defendant the 3 options, the address and contact information of the court. Defendant appeared to understand this upon receipt of notice.
I operated the Bee III Speed Measuring Device Unit # R-2528, tuning fork numbers 282534 & 283046. Both tuning forks are certified. I checked the calibration of this SMD before and after my shift and found the SMD to be in proper working order. I checked the calibration which was tested by the use of the internal tests and externally with the tuning forks. I performed an internal test for the following: tone check; light display for display panel; for the stationary and moving modes. The unit confirmed it pass the internal test by displaying “PASS” on the display window. I used the certified tuning forks to perform the external test on the front and rear antennae. The unit passed the external test. The radar is certified by the factory and State Patrol Technicians, and is in proper working order. I have successfully completed a Washington State Patrol approved course in the operation of Police Traffic Radar. I have received instruction in the use of the above-described SMD and it is operated according to the instructions and training at the time of the contact. This SMD is calibrated every two years in accordance with WSP Policy. All certifications for the radar unit, both tuning forks, and my SMD certifications are on file with the WSP. I did not submit this affidavit until after the calibration check at the end of my shift.
Additional Information:
I certify (or Declare) under penalty of perjury under the Laws of the State of Washington that all statements made herein are true and accurate and that I am entering my authorized user ID and password to authenticate it."
[End]
I hope to avoid both of my tickets going on my record at one time, so thank you for any help you can offer.
I am attempting to contest a speeding ticket by mail and am in need of help on two things: 1) how to identify information in the SMD affidavit that could dismiss the case, and 2), if there is nothing in the affidavit, how to best phrase "my side of the story." I have received two speeding tickets in my life, and unfortunately they were 7 months apart. I deferred the first one, thinking I would certainly not get another ticket (much less in the same year).
I was driving East Bound on State Route 26, coming over a hill in a 65mph zone when I was clocked by a patrol car in the West Bound lane, using a SMD. In my little car, I had the engine turning up to 3,500 rpms (normal for my car on hills), and as I crested over the hill, I did not immediately take my foot off the gas as I started down the other side. The officer stated he clocked me at 79mph. He only charged me as going 5 mph over the 65mph limit, but still stated on the ticket that I was identified as driving 79mph. I do remember other cars around me, but none in front of me.
The courts replied to my request for discovery within 10 minutes, and this is what was returned to me:
"On the date & time identified on the front of the Infraction, I operated a Speed Measuring Device (SMD) in Whitman County, Washington. I operated the SMD in the Moving Mode – (the Patrol Car speed shown on the SMD matched the speed shown on my vehicle’s speedometer). I identified the defendant’s vehicle, traveling East –bound, at a speed in excess of the posted 65 mph speed limit.
I heard the SMD emitted a Steady high pitched audio tone in pitch. I saw no other vehicle(s) or obstructions between my location and the defendant’s vehicle when I obtained the reading. I saw the SMD display a speed of 79 mph for the defendant’s vehicle. At the time of the reading, I saw the defendant’s vehicle (is): Alone.
The Weather was: Overcast.
The Road conditions were: Dry
The Light conditions were: Daylight
The Traffic conditions were: Light
Front Antenna Closing
Upon contact I heard the driver say: need a bathroom
Additional Information: 68/79
POP Mode Not Used x
I did not see the Defendant pass any other vehicle. In addition, I saw no vehicles so close behind the defendant’s vehicle that the defendant could not have slowed back down to the posted speed limit at the time I obtained the reading. I explained that the defendant had 3 options on the back of the notice and 15 days to respond to the court address listed at the bottom of the NOI. I showed the defendant the 3 options, the address and contact information of the court. Defendant appeared to understand this upon receipt of notice.
I operated the Bee III Speed Measuring Device Unit # R-2528, tuning fork numbers 282534 & 283046. Both tuning forks are certified. I checked the calibration of this SMD before and after my shift and found the SMD to be in proper working order. I checked the calibration which was tested by the use of the internal tests and externally with the tuning forks. I performed an internal test for the following: tone check; light display for display panel; for the stationary and moving modes. The unit confirmed it pass the internal test by displaying “PASS” on the display window. I used the certified tuning forks to perform the external test on the front and rear antennae. The unit passed the external test. The radar is certified by the factory and State Patrol Technicians, and is in proper working order. I have successfully completed a Washington State Patrol approved course in the operation of Police Traffic Radar. I have received instruction in the use of the above-described SMD and it is operated according to the instructions and training at the time of the contact. This SMD is calibrated every two years in accordance with WSP Policy. All certifications for the radar unit, both tuning forks, and my SMD certifications are on file with the WSP. I did not submit this affidavit until after the calibration check at the end of my shift.
Additional Information:
I certify (or Declare) under penalty of perjury under the Laws of the State of Washington that all statements made herein are true and accurate and that I am entering my authorized user ID and password to authenticate it."
[End]
I hope to avoid both of my tickets going on my record at one time, so thank you for any help you can offer.
Speeding Tickets: Contesting a Ticket by Mail, Smd, and Appropriate Verbage
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