My question involves a traffic ticket from the state of: WA, in Upper Kittitas County.
I was pulled over by a WSP Trooper who was on the left hand shoulder of the road sitting right on the line . I was travelling the WB right hand lane. No other cars around. I pulled off the road all the way into the grass as to leave the officer plenty of room to approach the drivers side of my vehicle safely.
He approaches my vehicle from the passenger side. wading through 3 ft. deep wet grass. I make eye contact and motion for him to approach the drivers side because my window doesn't roll down on the passenger side. He starts rapping on my window with a metallic object. I motion for him to come around to the other side again because I don't know what else to do.
At this point he goes for my door, which is unlocked, and opens it. I quickly explain the window and apologize. In a really tacky sarcastic smiley manner he says everything is all good and explains I'm being recorded then starts drilling me. He asks me why I didn't even slow down as I approached his patrol vehicle. Where I'm headed, if I'm just passing through blah blah.
Meanwhile as I'm trying to compute all of this, while looking for my documents, the trooper had the nerve to literally be up INSIDE MY VEHICLE as far as he could get with his hands on the seat and without lifting a foot off the ground. pointing his little COBAN body cam all on my interior floorboards and in my center console and glovebox when they were open as I'm talking to him. I considered asking him to step back but I don't have anything to hide so I just let it ride not wanting to escalate the situation as it is obvious he was fishing for something.
Anyway sorry for the long story but I wasn't sure of the legality of those actions. I have attatched 3 links so that people can view my discovery materials, radar certificate, and calibration operator certificate.
I have done some extensive searching and found some good info here. I have a few possible defenses and would like feedback and suggestions.
1: The officer is radar certified, but was trained in 1996. does an officer have to be certified? if so, how often should they be re trained? 20 yrs is a long time ago.
2: The subsection of RCW I am accused of breaking is not listed on the infraction. If I reference a case where there was a favorable ruling for this reason am I gonna win? anyone have an example for me?
3: The Person who calibrated the radar unit has been employed since 2007 or 2010. He has brand specific training for each manufacturer of radar EXCEPT for the one that was used as evidence to issue my ticket. Do I have any way to discredit the calibration of the radar unit here?
4: How often do the standards used to calibrate the radar have to be recertified?
Thanks to all I am learning a lot about how law works. Its nice to know there is a source of info out there to aid people who want to defend themselves in court. My court date is Monday, 8/29/16. Its been very hard for me to get all my discovery materials scanned to pdf, edited in paint and put on the internet with no working computer of my own right now and no scanner. hopefully someone can help in time.
Discovery materials:
http://ift.tt/2bn7S8k
Radar Calibration Certificate:
http://ift.tt/2bn90ZF
Design and construction certificate explaining smd expert qualifications
http://ift.tt/2bn94J8
I was pulled over by a WSP Trooper who was on the left hand shoulder of the road sitting right on the line . I was travelling the WB right hand lane. No other cars around. I pulled off the road all the way into the grass as to leave the officer plenty of room to approach the drivers side of my vehicle safely.
He approaches my vehicle from the passenger side. wading through 3 ft. deep wet grass. I make eye contact and motion for him to approach the drivers side because my window doesn't roll down on the passenger side. He starts rapping on my window with a metallic object. I motion for him to come around to the other side again because I don't know what else to do.
At this point he goes for my door, which is unlocked, and opens it. I quickly explain the window and apologize. In a really tacky sarcastic smiley manner he says everything is all good and explains I'm being recorded then starts drilling me. He asks me why I didn't even slow down as I approached his patrol vehicle. Where I'm headed, if I'm just passing through blah blah.
Meanwhile as I'm trying to compute all of this, while looking for my documents, the trooper had the nerve to literally be up INSIDE MY VEHICLE as far as he could get with his hands on the seat and without lifting a foot off the ground. pointing his little COBAN body cam all on my interior floorboards and in my center console and glovebox when they were open as I'm talking to him. I considered asking him to step back but I don't have anything to hide so I just let it ride not wanting to escalate the situation as it is obvious he was fishing for something.
Anyway sorry for the long story but I wasn't sure of the legality of those actions. I have attatched 3 links so that people can view my discovery materials, radar certificate, and calibration operator certificate.
I have done some extensive searching and found some good info here. I have a few possible defenses and would like feedback and suggestions.
1: The officer is radar certified, but was trained in 1996. does an officer have to be certified? if so, how often should they be re trained? 20 yrs is a long time ago.
2: The subsection of RCW I am accused of breaking is not listed on the infraction. If I reference a case where there was a favorable ruling for this reason am I gonna win? anyone have an example for me?
3: The Person who calibrated the radar unit has been employed since 2007 or 2010. He has brand specific training for each manufacturer of radar EXCEPT for the one that was used as evidence to issue my ticket. Do I have any way to discredit the calibration of the radar unit here?
4: How often do the standards used to calibrate the radar have to be recertified?
Thanks to all I am learning a lot about how law works. Its nice to know there is a source of info out there to aid people who want to defend themselves in court. My court date is Monday, 8/29/16. Its been very hard for me to get all my discovery materials scanned to pdf, edited in paint and put on the internet with no working computer of my own right now and no scanner. hopefully someone can help in time.
Discovery materials:
http://ift.tt/2bn7S8k
Radar Calibration Certificate:
http://ift.tt/2bn90ZF
Design and construction certificate explaining smd expert qualifications
http://ift.tt/2bn94J8
Speeding Tickets: Gudiance Possible Defenses for Speeding Ticket by Wsp I-90 Upper Kittitas , Wa
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