My question involves a traffic ticket from the state of: WA Here is the text from the officers statement. "BEE III RADAR, I was working in the stationary mode using the rear antenna. I observed that the vehicle was traveling in the same direction and was in excess of the posted speed limit of 35mph. I recieved a reading of 55 on the SMD display. Visual digital readouts were consistent with the patrol cars speedometer in moving mode- same direction and the audio tone was functioning properly.
For moving mode readings, I confirmed the defendant's speed with a check against my vehicle's speedometer, which is checked by RADAR every 90 days at 30 and 60 mph, as prescribed by the WSP manual. The defendant was the only vehicle in the RADAR beam at the time I obtained the reading. I checked the Radar Unit R3016 internally and externally with the tuning forks assigned to this unit. The tuning fork numbers are 256312 and 256826. The unit was working properly before and after the stop. The SMD unit is checked and certified by the WSP technicians for accuracy. I have received training in the SMD's use from the WSP academy."
1.The first major discrepancy I see is that he used both moving and stationary mode. For him to do that he would have to radar me at a complete stop then race to catch up to me and pace me with the speedometer. Seems like he just did some copying and pasting from his last ticket and filled in the blanks.
2. Officer didn't specifically say when he used the tuning forks (vague wording).
3. I looked up the mile marker (mile post 42 on hwy 410 in greenwater). When you look up MP 42 it shows 35mph. Next mile marker is 55mph. I might be able to convince the judge that 35mph covers the whole mile between markers because of the lack of proof of where I was actually stopped between the markers.
My best defense is #1 but how to I word it in a professional manor? What kind of motion would I use etc? Thank you in advance for helping me with what will be my 4th ticket in a row that I have had dismissed DIY!
For moving mode readings, I confirmed the defendant's speed with a check against my vehicle's speedometer, which is checked by RADAR every 90 days at 30 and 60 mph, as prescribed by the WSP manual. The defendant was the only vehicle in the RADAR beam at the time I obtained the reading. I checked the Radar Unit R3016 internally and externally with the tuning forks assigned to this unit. The tuning fork numbers are 256312 and 256826. The unit was working properly before and after the stop. The SMD unit is checked and certified by the WSP technicians for accuracy. I have received training in the SMD's use from the WSP academy."
1.The first major discrepancy I see is that he used both moving and stationary mode. For him to do that he would have to radar me at a complete stop then race to catch up to me and pace me with the speedometer. Seems like he just did some copying and pasting from his last ticket and filled in the blanks.
2. Officer didn't specifically say when he used the tuning forks (vague wording).
3. I looked up the mile marker (mile post 42 on hwy 410 in greenwater). When you look up MP 42 it shows 35mph. Next mile marker is 55mph. I might be able to convince the judge that 35mph covers the whole mile between markers because of the lack of proof of where I was actually stopped between the markers.
My best defense is #1 but how to I word it in a professional manor? What kind of motion would I use etc? Thank you in advance for helping me with what will be my 4th ticket in a row that I have had dismissed DIY!
Both Moving Mode and Stationary Mode Used in Radar Speeding Ticket
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