mardi 26 septembre 2017

Speeding Tickets: Officer's Statement is a "Fill in the Blanks" Form

My question involves a traffic ticket from the state of: Washington

Hey folks, I have an upcoming court date for a speeding ticket and have already received my discovery, thanks to the knowledgeable people on this forum.

The Officers report seems to be a formatted letter with no details of the event, example: I observed the defendant X approaching receding from my location. The defendant appeared to be in excess of the posted speed limit of 60 M.P.H. I obtained a reading of 74 & 74 M.P.H on the defendants vehicle....

It goes on to say the laser SMD accuracy was checked by the Trooper before and after the stop but there are no details.

It says he had me at a distance of almost 800 feet (different from actual ticket, btw) on a congested I5 freeway. Thats more than 2 1/2 football fields straight line distance yet he was able to pick me out. This was during the Canadian fires we had which also had smoke everywhere around here. I'm not denying I wasn't going above the posted speed limit but the reality is if I tried not to go with the flow of traffic I probably would of gotten rear ended.

Last blurb says: The defendant had no proof of liability insurance or only had an expired card. Huh? He never asked for it! The traffic stop was literally "you know how fast you were going? license and registration. Here's your ticket. There were no pleasantries exchanged at all or given an opportunity to say anything.

I went to go check on the SMD book at the courthouse, it was missing my laser tag no. in the book but it also seemed like there were missing pages. I previously went to observe a court case and saw a lawyer successfully beat a speeding ticket on the grounds of the Laser tag no. not being in the book. He had the book with him and just showed the judge the book with the missing pages. Unfortunately though, there is an online laser tag no. check and my serial no shows the dates of certification to be accurate.

Should I just do like the lawyer and have the book with the missing pages present or will they trump me and produce the certification paperwork at trial? It seems like the court process is a pretty speedy setup with the judge calling the persons name, telling them if they want to proceed with the trial, if yes then he takes a minute to read the Officers statement and proceeds. No prosecutor was in attendance but what seemed like a court clerk next to the judge.

The people there fighting their cases were just aloof and not prepared on any way to fight their case but just wanted to tell the judge their side of the story but the judge was pretty straight forward with the law " you sped? Yeah, then guilty. Next! Thats until the lawyer used the certification defense. I want to be prepared.

If there are any defense points I can use then please let me know. Thanks.


Speeding Tickets: Officer's Statement is a "Fill in the Blanks" Form

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