48 in a 35.
Officer said he clocked me at 48. The vehicle in front of me had also pulled thinking that they were nabbed then drove off after officer pulled me over. According to officer other vehicle was doing 42mph. I've been told that if I fight the ticket and request to maintence and calibrations records of radar unit that if they are not present ticket would be thrown out.He was parked and not moving. Box with letters SMR was checked
You will always win by default if you contest the ticket and the officer doesn't show up to the hearing, so it's often worth it just for that reason alone. However, in your case, you may have a defense. If the officer "clocked" you in the traditional sense, that means he wasn't using radar. It means he brought his vehicle up to speed with yours and used his odometer as a reference for your approximate speed. This is obviously not as accurate as radar or lidar.
You are correct, however, that if he used radar you can request discovery on the radar/lidar gun, including maintenance and calibration logs, etc. This is worth doing if you have the time.
Your last bet is to simply ask the clerk or judge for leniency if you have a clean driving record other than this ticket. Talk to a traffic ticket attorney in your area if you need further advice.
The best way to "beat" a speeding ticket is to utilize the IRLJs to exclude the evidence a prosecutor will use against you at the hearing. This is achieved by making an SMD demand, discovery demand and serving a subpoena on the citing officer. While this is not rocket science, it is by no means easy. Many Washington state lawyers, such as myself, are available to assist clients looking to get their citations dismissed. You should contact a Washington state lawyer who handles traffic citations to assist you.
While I agree with most of what my colleagues said in the previous answers I disagree with the strategy of subpoenaing the officer in ever case on the off chance he/she won't show up. This is a great way to lose a ticket you might otherwise win by encouraging the officer to show up and fill in the holes in the report. Whether or not to subpoena the officer should only be decided after reviewing all of the evidence.
There is no single best way to win a speeding ticket. You should request the reports and all other evidence that will be offered against you as well as a speed measuring device expert. Review everything to see (1) if the officer and court followed the proper procedure and the court rules (2) if the evidence is admissible under the relevant rules of evidence and (3) whether there is sufficient facts to find you committed the offense. If you determine that you have no technical or factual defenses you may want to attempt to negotiate something that keeps the ticket off your record. If all else fails then it probably makes sense to subpoena the officer and hope he doesn't show.
