My question involves a traffic ticket from the state of: Washington (City of Mercer Island)
I have a ticket for allegedly speeding 13 mph over limit (43 mph in a 30 mph zone). I have requested a contested hearing and received discovery. The discovery arrived late so I have already had a continuance. I have subpoenaed the officer. The hearing is now in 3 working days.
The officer's report states that he was standing stationary outside his parked vehicle. He used Kustom Pro Laser III. He obtained a digital reading of 43 mph at a distance of 225 feet from his location. The laser calibration certificate seems ok.
I recall that when the officer pulled me over I did not know the reason. He stated that I was allegedly speeding about a mile away from where he pulled me over. I asked why he had taken so long to pull me over and he said that he was "finishing writing another speeding ticket". He does not mention this conversation in the report that I received through discovery.
My question is whether I have a case that either 1. he was distracted taking the LIDAR reading and therefore there may have been an error or 2. he did not keep a visual on my vehicle (and was distracted so could not remember my number plate) so how could he be sure that it was my vehicle that was speeding. The route between the location of the alleged offence and where he pulled me over involved 0.5 miles of curved uphill forested road (can see at most only 300 feet ahead) then a left turn at a 3 way stop (that was busy and I recall waiting for a school bus to pass first) then after 0.1 miles a right turn onto a residential street. He put his lights on about 0.2 miles along that street and I pulled over immediately. My car is a gray/blue SUV (common in pacific northwest). I have confirmed with the police records department that Mercer Island does not have photo or video evidence.
If I ask the officer in court what he did between reading my alleged speed and pulling me over, will he hold back (or even forget) the location where he pulled me over and that he first finished writing another ticket. I believe that in Mercer Island such tickets are submitted electronically from the officers vehicle. Is there a way of proving where he pulled me over and that he first finished writing another ticket (or is it his word against mine). Is there a way that I can get this evidence before the hearing in 3 working days.
My apologies for submitting this question so late in the day. I had assumed the officer would recall the facts that I plan to use for my defense, but I am now concerned that I should have evidence. Thank you for any comments and advice.
I have a ticket for allegedly speeding 13 mph over limit (43 mph in a 30 mph zone). I have requested a contested hearing and received discovery. The discovery arrived late so I have already had a continuance. I have subpoenaed the officer. The hearing is now in 3 working days.
The officer's report states that he was standing stationary outside his parked vehicle. He used Kustom Pro Laser III. He obtained a digital reading of 43 mph at a distance of 225 feet from his location. The laser calibration certificate seems ok.
I recall that when the officer pulled me over I did not know the reason. He stated that I was allegedly speeding about a mile away from where he pulled me over. I asked why he had taken so long to pull me over and he said that he was "finishing writing another speeding ticket". He does not mention this conversation in the report that I received through discovery.
My question is whether I have a case that either 1. he was distracted taking the LIDAR reading and therefore there may have been an error or 2. he did not keep a visual on my vehicle (and was distracted so could not remember my number plate) so how could he be sure that it was my vehicle that was speeding. The route between the location of the alleged offence and where he pulled me over involved 0.5 miles of curved uphill forested road (can see at most only 300 feet ahead) then a left turn at a 3 way stop (that was busy and I recall waiting for a school bus to pass first) then after 0.1 miles a right turn onto a residential street. He put his lights on about 0.2 miles along that street and I pulled over immediately. My car is a gray/blue SUV (common in pacific northwest). I have confirmed with the police records department that Mercer Island does not have photo or video evidence.
If I ask the officer in court what he did between reading my alleged speed and pulling me over, will he hold back (or even forget) the location where he pulled me over and that he first finished writing another ticket. I believe that in Mercer Island such tickets are submitted electronically from the officers vehicle. Is there a way of proving where he pulled me over and that he first finished writing another ticket (or is it his word against mine). Is there a way that I can get this evidence before the hearing in 3 working days.
My apologies for submitting this question so late in the day. I had assumed the officer would recall the facts that I plan to use for my defense, but I am now concerned that I should have evidence. Thank you for any comments and advice.
Speeding Tickets: Can He Be Sure That He Stopped the Right Vehicle
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