JETninja

So Sunday on the way to Vancouver BC with the wife in my Z06, we were on the 5 North going through Everett in the HOV lane. I had just commented to the wife that the traffic was going 63-64 (little speedy compared to my normal commute of 60mph) and lots of traffic at that time on this Sunday afternoon around 1pm. A minute later the cars in front started to slow, so I moved over to the #1 lane which was clear with several car lengths. I know I accelerated a tad, but I was in 6th and not much at all, when I notice a Trooper in the center lane dirt...he's just getting into his Car.

Now no Radar or Laser was used at all. Soon as I see him I slow to the 60 that everyone is going. He catches up after a minute and pulls me over and tells me I was going 75mph.

Both my wife and I know this is bunk. There wasn't room to go that fast. But I was polite and took the ticket.

Cliffs:

No Radar or Laser (have a good Detector that has never let me down)

No clocking my speed above 60mph.


I think this very young trooper just saw a low bright yellow Vette go by, and the difference between me while the other cars are slowing since they see him sooner, he assumes I must be going 75mph.

So I think I have a case to fight this in Court. I have never had a ticket in this car in the almost 2 years and over 15k I have owned it.

Thoughts? Do I have a case?

Thanks!

Otis S.

In the third box from the top on the ticket in the vehicle speed section there are 3 boxes that indicate how he got your speed. It should say "Smd" "Pace" or "Aircraft" see which box he checked if you really don't think he clocked you, you might have an argument. Or you could just go the traffic lawyer route and see if they can get you out of it.

JETninja

Looks like he checked SMD...what is that?

Rustysocket

SMD is speed measuring device. Good luck.

X25

There are many good lawyers around that have as good success rate dropping such tickets. I had 5 incidents in the last 10 years, and all got dismissed. It is much better than paying for the ticket since it does not impact your insurance, driving privilege(!), etc.

JETninja

How much does a Lawyer cost? Never used one, and he was out of the car just getting in, so as I see it he lied. I know my detector was working fine, it picked up KA later on the drive.

X25

It might be laser and your detector wouldn't necessarily catch the signal. Anyhow, I think they cost around $300-$350, and you don't even need to show up at court or do anything else; they take care of the rest.

c4cruiser

Troopers do use lots of laser units now. The fact that he was stopped and out of the car tells me that he most likely was using a hand-held laser unit. At 63, maybe 64 you may not have been bothered, but if you did go past that speed, he probably did notice a bright colored car among the usual silvers, grays, and white cars that seem to be so common and pointed the laser gun at you.

If the guy was just out of the Academy (big class graduated earlier this year) he is more than likely working hard to show his detachment that is will be a good Trooper.

The ticket should be something like $144 for 15 over the posted limit.

JETninja

The Ticket is over $200 and my Detector has always picked up Laser. Also being that a Corvette is FG and very low, it makes a bad target, if he was shooting something he could have hit someone else behind me, but from all indication he saw me as he was already getting into the car. Also, I was in 6th and we all know they don't accelerate worth a darn at that speed....

Otis S.

/https://www.mucklestone.com/

^^^^ Jeannie Mucklestone is pretty highly recommended by forum members here. Right now she is helping out this guy I know. He is still waiting for it to get resolved but as soon as it is he could let you know how it went. She charges $350 for a regular speeding ticket.

festone

I don't drive in the Everett area often but when I do I am VERY careful. The entire I5 corridor between south Everett and Marysville is one giant speed trap (IMHO). Typically I will get laser alarms when there is a trooper on the prowl.

Good luck with the ticket.

C5 Dawg

So, you were going about 64mph and then sped up "just a tad". So, 75 sounds quite possible. The reason the trooper was out of his car was likely because that is often how they use the laser guns. I'm sure the judge will be impressed by the officer must be lying because "I know my detector was working fine, it picked up KA later on the drive." As soon as you begin to testify, you will be asked why you have a detector. Should be an entertaining answer. Good luck.

BTW: General rule to help avoid tickets: if everyone is slowing for no apparent reason, they probably see something that you don't (such as a trooper). And if an officer sees that you have a detetcor, you have almost zero chance of getting a reduction or a warning.

JETninja

60mph in 6th is under 2K rpm IIRC....I pulled out after they started slowing down, maybe got to 65, but no way 75. Trooper never saw the detector. And he was VERY young, probably quite new on the force.

And no doubt he had been using it before, but it was on the r/h turn of the freeway, the car was hidden to his view until we made most of the turn, at that point he was getting in his car. I had just left the HOV lane maybe 5 seconds earlier.

X25

I understand where you're going with this, but honestly don't believe the trooper is lying. There are so many cars to fish from, he doesn't even need to fabricate anything to find a person to write a ticket to.

Whatever you do, just don't try to discredit the officer at court. Unless you have hard proof, it would work against you.

Mookster

I will fight the ticket for you, you pay me whatever once we win.

Check contested box on the back of the ticket
Send ticket into court via certified mail within 15 days
Wait for court date
2 weeks before court date send both the court and prosecutors office request for discovery. With this request of discovery you will ask them for a certificate of the device since officer check SMD was saved.
You must allow the court and prosecutor two weeks to provide this info. In most cases they wont or laser/radder wasnt certified. Case will be dismissed.

You can send me your email and i will email you both requests that you need to fill out but it will look like this.


REQUEST FOR DISCOVERY
PURSUANT TO IRLJ. 3.1
_____________
DATE
Dear Court Clerk:
I received a traffic infraction on this date: _______________. It is infraction number:
____________________. Pursuant to Rule 3.1 of the IRLJ, please provide me with the
following information:
1. A copy of the infraction report;
2. A copy of the SMD certification forms. Please include the calibration test
date for the particular SMD device used for the infraction, and the test date
for the tuning fork used by the officer to calibrate the SMD device on the
day of my ticket;
3. A copy of the speedometer certification forms. Please include the
calibration test date for the particular Speedometer used for my infraction;
4. A list of witnesses the State plans to call;
5. A copy of my driving record;
6. The filing date of my ticket; and,
7. A copy of the pilot’s log and stopwatch certification forms, along with any
other certification or documentation re: airplane speed measuring devices.
used for my infraction;
8. Any other information in my file.
The information may be sent to me at the following address:
_______________________________________

SL1D3R

You can probably find a lawyer for $200-300.

I have fought every ticket for the last few years and all have been dismissed.

I usually call upon Michael Sheehan.

http://www.watrafficticket.com/aboutus.html

Mr. Peabody

There are a number of us here on the PNW forum who have used Jeannie with great sucess

JETninja

Well I mailed off the citation today challenging it. I'll go with Mookies help for now, can always get a lawyer later. I've already been in touch with Jeannie...

SuperBuickGuy

Interesting, I'm an attorney and I've done traffic defense. You'll need a lot more than just asking for the evidence.
Here, let me predict what the report will say. (highlights, I don't feel like going and looking up a report so I can copy it verbatim - they all are pretty much the same)
"I, officer _____, was performing traffic control duties on ____ at ____ at the intersection/mp of ____" "I observed ____ doing _____ and traveling at a rate far in excess of the speed of surrounding traffic" "I put the light of my ____ Lidar model # ____ on the target vehicle and received a good tone" "the indicated speed was 75 mph" "I continued to observe the subject vehicle until I pulled him over at_____" "Driver seemed distracted, and seemed upset"

Then you'll get a "report" from some schmuck who will say that laser has been tested within the last few months and is certified accurate.

The officer will testify in Court that he calibrated his laser by point it at a wall and putting the tuning fork in front of it - and the test was successful. He will be admitted as an expert, and it will be your job to prove he's not. All while being respectful.

Arguing in Court that the officer couldn't possibly have clocked you, even if you say you have a laser detector (it doesn't matter) won't matter. But, in the end, you'll probably lose. Remember 1) he's trained at his job, 2) the judge knows him, not you, 3) everyone is innocent in court - at least that's what they proclaim, as a court official you tend to get immune to that line, 4) saying the cop lied is saying that the police officer, for $200 of money that goes to the highway fund, is willing to go to jail for perjury just to make a ticket stick against some guy he's never met.... please, never, ever, ever, ever say something so naive in court. Or do... it is kind of funny betting on which response the Judge will give you when you say it - if you're lucky, he'll just go back to doing paperwork while you're talking.

Good luck in Court.

And I'll give you one bit of advice.... no matter how well meaning the advice on the internet.... it's still on the internet by people you don't know who answer your questions for motives you don't know.

And I can't resist this - in the edit.

A laser detector has a narrow range wherein it can detect the laser. Most cops aim at your license plate, so your detector has a fair chance of catching it. However, they don't have to aim at your license plate, your detector probably won't catch it and they'll still get a good read on it - and the report may or may not say what he aimed at (noobies tend to write what they aimed at until a lawyer gets a ticket dismissed because they tipped their hand too soon). Your only hope is he didn't have a good angle on your car - the laser gun has an operating range wherein it can give an accurate read.... but let's get your mind around how accurate they are. If it's raining, a laser gun can get 3 shots on a raindrop as it falls from the sky (and they get 3 "reads" of your speed with one trigger pull). It can reflect off highly reflective paints easier than dark, flat paints.... yellow, well, not a great ticket-avoiding choice....

Get a lawyer... or pay it and learn your lesson....

Crabr1

It's people like you who get caught speeding and don't want to pay the fine. Think of our new Gov in the house in olympia,he can't get a pay raise as well as all those other wonderful people that we vote to represent us,some of them have multiple houses they have to pay their garderers and house staff and you're denying their increase.
I'm kidding of course,hope you can beat the ticket.