IN THE DISTRICT COURT OF THE STATE OF WASHINGTON FOR LEWIS COUNTY

[Warchild]

State of Washington

Plaintiff

vs.

Dale Wilson

Defendant

Cause No.--1100XX

RCW 46.4162 - Alleged Speeding: xx in a 55 zone

Traffic Infraction - June 30, 2007

2002 Honda CBR1100XX Blackbird

[SIZE=14pt]Order of Dismissal of Notice of Infraction[/SIZE]

The above-entitled Notice of Infraction case is dismissed with prejudice for the reason(s) set forth below:

Motion of Defendant: Lack of Found for SMD: assigned tuning fork Serial Numbers do not match up with state's property listing.

Dated 9-11-07

Commissioner

Lewis County Law & Justice Center

 

[Badcat]

Lucky dog!

 

[LDRydr]

SWEET! :clapping: "We just want to ride out bikes and not be hassled by the man". Hope you didn't say "fork you, man!" as you walked out the door.

 

[Ignacio]

You must have a very good attorney.

 

[SkooterG]

Outstanding! I wish I had your cajones! Unfortunately, when I was with the dark side I didn't lose very often having my "i"'s dotted, and my "t"'s crossed. So I am not too confident about trying it from the other way.

You must have a very good attorney.

Indeed! I wonder if he is available for retainer?

 

[ponyfool]

That's just cuz I wasn't the one who wrote you the ticket!

Congrats on your dismissal. I have said, and always will say, the burden is on the state to prove the case and do so properly. If the officer's case can't stand the test of court, the officer probably shouldn't have written it in the first place!

 

[RadioHowie]

Good On Ya, Dale!

However, how many xx's were you over the 55?

Was it a BS stop based on a faulty/unapproved tuning fork? Or were you really xx'ing over 55?

C'mon...fess up!

 

[Wicked Webby]

I agree with Ponyfool..

Should of not written it if he/she couldn't back it up.

WW

 

[jmdaniel]

Can I ask a dumb question? (and get an answer?) What is the "tuning fork" mentioned in this case?

 

[radman]

Can I ask a dumb question? (and get an answer?) What is the "tuning fork" mentioned in this case?

Used to calibrate the radar receiver IIRC.

 

[Last Chance]

All I can say is if Dale acted as his own attorney he has a promising career, representing or advising the other members of this forum!!

LC

 

[raclow]

:yahoo: :yahoo: SMOKE IT UP THERE, BIG BOY!!!!! Smoke IT up!!!!

Under the radar ONE MORE TIME.....Good for YOU.

 

[Ignacio]

I just saw the angry signature of a judge that was forced to have staff go to another room and get a Dismissal Form. What a hoot!

Mr. Warchild benefitted from my eye spotting a 2 on one affadavit and a non-matching 7 on another....and then some suggestion how present the state's error.

You are innocent until proven guilty in the State of Washington....you just have to be careful to make the state prove it and don't accidentally make their case for them.

Good job Dale. :clapping: It's like it never, ever happened. h34r:

 

[Warchild]

How fast was I going?

"Senator, I don't recall how fast I was going.......

Seriously, it wasn't too brutally fast.... though it's likely I was a pinch above 55 mph.

The point is.... you never, EVER just "accept" a citation. I contested it, and pursued discovery under the laws of the state; the Prosecuting Attorny's office is required to send you every piece of evidence they plan to use against you in a court of law.

My attorney, the honorable and esteemed Ignacio, J.D., was the one who actually spied the inconsistencies between the sworn affidavit statement, and the list of calibrated SMD devices provided by the state. The property tag number was correct, but of the two tuning forks used for external calibration, one of them matched up just fine, but the second one had a trailing digit that was wrong. My guess is that it was a typo, but, we not know that for a fact.

The judge wasn't too happy about it.... she looked up after studying the documents for a solid 3-4 minutes, gave me one of "those" hard looks, and said:

"This is obviously a typo... only the last digit is off."

I immediately countered: "Your honor is just speculating. Regardless of the cause, the officer's sworn affidavit does not agree with the evidence providing by the state."

The judge looked at it for another 2 minutes, desperately trying to find a hole in Ignacio's case. She finally let out a big sigh, and asked the Court Clerk for a "Dismissal form" (damn, I musta had the "Hangin' Judge", as she didn't even have Dismissal Forms in her big shelf of blank forms to the right of her!)

She signed the form, and told me: "You better slow down, Mister, you can't bank on this typo happening again". I didn't say a word, just smiled sweetly at her when I took my copy of the Dismissal form.

Heh...... B)

 

[exskibum]

I didn't say a word, just smiled sweetly at her when I took my copy of the Dismissal form.

BIG conga rats, WC. From reading the above "court transcript" -*hehehe*- I'd say that you now deserve to be treated with that grudging but disdainful scorn accorded trial lawyers here (and most everywhere). Conga rats also to your associate, Ignacio, whose research skills provided the foundation upon which you prevailed. Fine work there!

I agree with you -- the damn insurance company windfall this **** always results in makes it nearly certain that I'll contest any and every citation I may get.

I do love the feeling of beating one, and I damn well KNOW the grin you're wearing every time you think about it.

:yahoo: :clapping: :yahoo: :clapping: :yahoo:

 

[twowheelnut]

Nice work you two!

 

[Ignacio]

I'd say that you now deserve to be treated with that grudging but disdainful scorn accorded trial lawyers here (and most everywhere). Conga rats also to your associate, Ignacio, whose research skills provided the foundation upon which you prevailed. Fine work there!

I'm a dirty, lying, thieving, bottom-feeding, technicality-finding whore?

....I guess I'm OK with that.

I'm a technicality-finding whore with one more notch in the W column of traffic court. 5 for 5 since 1991 baby! :yahoo:

 

[exskibum]

I'm a dirty, lying, thieving, bottom-feeding, technicality-finding whore?
....I guess I'm OK with that.

I'm a technicality-finding whore with one more notch in the W column of traffic court. 5 for 5 since 1991 baby! :yahoo:

Yeah, but don't get too full of yourself. In order to be adopted into the Brotherhood of Professional ********, you gotta also be able to add "overcharging" to that list of adjectives. Otherwise, we'd love to have you. 1

1 You have me beat. I'm only 2 for 2 since I started contesting these things in the spring of 2005. Before that (March 1993 and November 2004), I just paid and went to traffic school, but I'm tired of incurring the risk of paying the 3 year outrageous subsidy to the insurance companies.

 

[radman]

Gives me the stones to fight the Gift Certificate I got going to look at the Zuke, 86 in a 60 lowered to 79 in a 60 to "reduce the fine". If the cop lowers the speed written, does it follow he has no proof of the original speed suggested? I wonder how that works, or if indeed he has any speed at all.