My question involves a traffic ticket from the state of: WA, Skagit County
I just finished writing my post when I accidentally lost it. So I will try and be quick with reposting. Basically I got a speeding ticket for going 81 in a 70 mph zone. I don't believe I was speeding since I drive an older vehicle and it generally lets me know when I'm going over 75 mph and I was on my way to work in no hurry and driving a portion of the freeway I drive multiple times a week. Also I glanced down at my speedometer when I spotted the police officer who was up on the overpass and the reading was around 70mph. Regardless, stating I don't think I was speeding because I drive an older car won't hold up in court. ;)
I was ticketed with LIDAR SMD and have heard it can be very difficult to fight in court. My question is should I contest the ticket or just go with a deferral since I have a clean record and would most likely be granted the deferral? I requested a letter of discovery was well as SMD certification, which I received promptly in the mail. The certification appears to be up to date. I was hoping someone might be able to give me some advice on fighting LIDAR or not.
If I do contest the ticket does any of the following have any grounds in court, or will this just seem like I'm fishing for technicalities?:
1.) Nowhere on the police officer's affidavit does he state his location or mine. On the citation it states I5N MP 219, however this is neither his location nor mine where I was supposedly speeding, rather further down the road approximately 1 mile.
2.) Per the officer's affidavit he clocked me from 1179 ft, however there were several other cars on road including a large semi-truck to my right. I'm wondering about the accuracy from almost 1/4 mile away.
3.) Per the officer's statement 3 operation checks were performed before and after the stop, however he does not specify by whom or when exactly.
4.) The three tests performed were (1) Internal Self-Diagnostic Test (2) Scope Alignment Test (3) Speed Differential Test at 150ft and 175 ft. - the results of these tests are not specified other than to indicate the SMD was in proper working order. I'm also not clear on if there are 3 or 4 operation tests required prior to using the SMD, so if someone knows and could clarify that would be great. :)
5.) The officer also states that the vehicle stopped was the one he identified with the laser SMD, however he did not provide any description of my vehicle, and there were other vehicles on the road.
6.) On the actual citation the officer does not specify the type of SMD he used, therefore how can I know that the one in his affidavit is the one he used to track my speed?
7.) I know that per IRLJ 2.2(d) the infraction must be filed within 5 days. Perhaps I'm not looking at my paperwork correctly, but I'm unsure if the infraction was filed the same day. It looks like it may have been an electronic submission, but I'm unsure and would appreciate verification.
8.) This is probably inconsequential, however I also noticed that the officer copied down my height incorrectly as 5'00" when I'm actually 5'6" :)
9.) Also most likely inconsequential, the officer incorrectly wrote the serial number of the SMD as L1398 (which is actually the tag number).
10.) I'm also wondering about why the officer wrote me down for a penalty of $156 when according to IRLJ 6.2 the base penalty for speeding 11-15 mph over the speed limit in a zone where the speed limit is over 40 mph is only $58.
I feel like I had some other thoughts on how to contest this ticket, but cannot remember at the moment. Anyway, I'm hoping someone might be able to give me some good advice as to whether I should even try contesting, of if I should just ask for a deferral. I realize this is short notice, since my court date is this coming Friday, but wanted to reach out in case someone had some good insight. I'm going to try and attach my citation and other information as well. Thanks in advance!
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I just finished writing my post when I accidentally lost it. So I will try and be quick with reposting. Basically I got a speeding ticket for going 81 in a 70 mph zone. I don't believe I was speeding since I drive an older vehicle and it generally lets me know when I'm going over 75 mph and I was on my way to work in no hurry and driving a portion of the freeway I drive multiple times a week. Also I glanced down at my speedometer when I spotted the police officer who was up on the overpass and the reading was around 70mph. Regardless, stating I don't think I was speeding because I drive an older car won't hold up in court. ;)
I was ticketed with LIDAR SMD and have heard it can be very difficult to fight in court. My question is should I contest the ticket or just go with a deferral since I have a clean record and would most likely be granted the deferral? I requested a letter of discovery was well as SMD certification, which I received promptly in the mail. The certification appears to be up to date. I was hoping someone might be able to give me some advice on fighting LIDAR or not.
If I do contest the ticket does any of the following have any grounds in court, or will this just seem like I'm fishing for technicalities?:
1.) Nowhere on the police officer's affidavit does he state his location or mine. On the citation it states I5N MP 219, however this is neither his location nor mine where I was supposedly speeding, rather further down the road approximately 1 mile.
2.) Per the officer's affidavit he clocked me from 1179 ft, however there were several other cars on road including a large semi-truck to my right. I'm wondering about the accuracy from almost 1/4 mile away.
3.) Per the officer's statement 3 operation checks were performed before and after the stop, however he does not specify by whom or when exactly.
4.) The three tests performed were (1) Internal Self-Diagnostic Test (2) Scope Alignment Test (3) Speed Differential Test at 150ft and 175 ft. - the results of these tests are not specified other than to indicate the SMD was in proper working order. I'm also not clear on if there are 3 or 4 operation tests required prior to using the SMD, so if someone knows and could clarify that would be great. :)
5.) The officer also states that the vehicle stopped was the one he identified with the laser SMD, however he did not provide any description of my vehicle, and there were other vehicles on the road.
6.) On the actual citation the officer does not specify the type of SMD he used, therefore how can I know that the one in his affidavit is the one he used to track my speed?
7.) I know that per IRLJ 2.2(d) the infraction must be filed within 5 days. Perhaps I'm not looking at my paperwork correctly, but I'm unsure if the infraction was filed the same day. It looks like it may have been an electronic submission, but I'm unsure and would appreciate verification.
8.) This is probably inconsequential, however I also noticed that the officer copied down my height incorrectly as 5'00" when I'm actually 5'6" :)
9.) Also most likely inconsequential, the officer incorrectly wrote the serial number of the SMD as L1398 (which is actually the tag number).
10.) I'm also wondering about why the officer wrote me down for a penalty of $156 when according to IRLJ 6.2 the base penalty for speeding 11-15 mph over the speed limit in a zone where the speed limit is over 40 mph is only $58.
I feel like I had some other thoughts on how to contest this ticket, but cannot remember at the moment. Anyway, I'm hoping someone might be able to give me some good advice as to whether I should even try contesting, of if I should just ask for a deferral. I realize this is short notice, since my court date is this coming Friday, but wanted to reach out in case someone had some good insight. I'm going to try and attach my citation and other information as well. Thanks in advance!
http://ift.tt/1OfjQhD
http://ift.tt/24tkR2r
http://ift.tt/1OfjSWP
http://ift.tt/24tkPaR
http://ift.tt/1OfjSWR
http://ift.tt/24tkPaT
Speeding Tickets: Contest Laser Smd or Go with a Deferral
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