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We have discovered that there is ONLY ONE (1) STATUTE, RCW 46.61.470
that gives ANY AUTHORITY OF LAW to law enforcement officers to use any
kind of ELECTRONIC SPEED MEASURING DEVICES and/or LASER SPEED
MEASURING DEVICES to measure or record how fast you are going!!!!
A careful reading of all the annotated case law interpreting this statute
RCW 46.61.470 and former RCW 46.48.120 shows that all the WSBA
ATTORNEYS have very very carefully AVOIDED bring this question to any
court in this State!!!!
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1.) Make three (3) copies of SPEEDING DOCUMENTS so that you have a total
of four (4) copies.
2.) Hand all four copies to the court clerk and tell him or her that the first
two copies on top are for him or her and the judge.
3.) Ask him or her to stamp the prosecutor copy and your copy FILED with
the Court File Stamp.
4.) Go to Prosecutors Office and hand Prosecutor Copy to his Receptionist
and ask him or her to stamp your copy Received.
5.) OR SIMPLY FILL OUT 1 SET AND SEND IT IN TO THE COURT WITH YOUR
TICKET AS SOON AS YOU CAN!!!!
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YOUR HONOR, I DON’T CARE ABOUT ALL THAT FRYE STANDARD SCIENTIFIC
MUMBO JUMBO, I DON’T CARE IF ANY OF THESE NEWER ELECTRICAL OR
LASER SPEED MEASURING DEVICES HAVE BEEN SCIENTIFICALLY PROVED
TO BE RELIABLE TO INSTANTANEOUSLY AND CONTINUOUSLY AND
ACCURATELY MEASURE THE SPEED OF ANY VEHICLE, I JUST WANT TO ASK
YOU A FEW QUESTIONS:
3.) Your Honor, I move to dismiss this speeding ticket on the grounds that
the citing officer did NOT clock, time, measure or record my speed at both
the entrance and exit of the REQUIRED MINIMUM "ONE-QUARTER MILE
MEASURED COURSE" that was in his or her plain view as required by both
subsection (2) and (3) of RCW 46.61.470.
4.) Your Honor, I move to dismiss this speeding ticket because there is NO
RCW - statute in existence that purports to allow any law enforcement
officer to conduct a search of my speed WITHOUT A WARRANT and ABSENT
PROBABLE CAUSE in violation of article 1, section 7 of the Washington State
Constitution and in violation of the 4th amendment of the U.S. Constitution
which is mandatory and binding upon this court pursuant to article 1,
sections 2, 29 and 30 of the Washington State Constitution.
5.) Your Honor, can you please provide me a copy of any RCW - statute that
says you can in fact use these NEW ELECTRONIC SPEED MEASURING
DEVICES without having to comply with the 1/4 MILE MEASURED COURSE
as is clearly stated in subsection (3) of RCW 46.61.470?
6.) Your Honor, can you please provide me the RCW - statute that
supercedes subsections (2) and (3) of RCW 46.61.470?
7.) Your Honor, can you please provide me a copy of any RCW - statute that
provides that ALL THESE NEW ELECTRONIC SPEED MEASURING DEVICES
and/or ALL THESE NEW LASER SPEED MEASURING DEVICES are in fact . . .
EXEMPT . . . from having to MEASURE THE ELAPSED TIME that my vehicle
passed through the ENTRANCE and EXIT of a . . . ONE-QUARTER MILE
MEASURED COURSE????
WATCH ALL THE JUDGES COME UP WITH ZERO, ZIP AND NADA . . .
AN A WHOLE BUNCH OF BULLSHIT EXCUSES!!!!
1.) Your Honor, can the officer see how fast I am going with his normal
human vision WITHOUT the AID of the RADAR or LASER DEVICE, YES or
NO????
2.) Your Honor, In State v. Young, the Washington State Supreme Court
found that the officer’s use of an infrared thermal detection device
constituted a search. State v. Young, 123 Wn.2d 173, 867 P.2d 593
(1994). The Court reasoned that:
"As a general proposition, it is fair to say that when a law enforcement officer
is able to detect something by utilization of one or more of his senses while
lawfully present at a vantage point where the senses are used, that detection
does not constitute a "search."
Id. at 182 (citing State v. Seagull, 95 Wn.2d 898, 901, 632 P.2d 44 (1981).
The Court, however, noted that the device is question enabled officers to
effectively "SEE THROUGH WALLS" of defendant’s home, and was
therefore beyond the mere enhancement of the officer’s senses. Id.
at 183. Likewise, ALL NEW ELECTRICAL, RADAR & LASER SPEED
MEASURING DEVICES are "beyond the mere enhancement of the
officer’s senses." and allow the officers to see things that he or she could
NOT see with his or her NORMAL HUMAN VISION. State v. Young, supra.
(Emphasis added.)
3.) YOUR HONOR, THE OFFICER DOES NOT HAVE RADAR VISION AND THE
OFFICER DOES NOT HAVE LASER VISION, THEREFORE SINCE THE RADAR
and/or THE LASER SPEED MEASURING DEVICE ALLOWED THE OFFICER TO
SEE THINGS THAT HE COULD NOT SEE WITH HIS NORMAL HUMAN VISION
IN VIOLATION OF THE PLAIN VIEW DOCTRINE "and" conjunctively I ALSO
MOVE TO DISMISS THIS SPEEDING TICKET AS VIOLATION OF article 1,
section 7 of the WASHINGTON STATE CONSTITUTION because it was a
search conducted "WITHOUT AUTHORITY OF LAW,"as was stated in State v.
Young, 123 Wn.2d 173, 867 P2d 593 (1994).
5.) Your Honor, I move to dismiss on the grounds that the plaintiff failed to
provide my IRLJ 3.1 (b) WRITTEN DEMAND FOR DISCOVERY of a CERTIFIED
COPY of the WRITTEN DETERMINATION that was established by either the
SECRETARY OF TRANSPORTATION or disjunctively the local authorities
(herein, the City of ____________ or ____________ County) UPON THE
BASIS OF A ENGINEERING AND TRAFFIC INVESTIGATION that authorized
the either __________ County or the City of __________, to post any speed
limit at the specific location AS REQUIRED by . . . RCW 46.61.425
6.) Your Honor, I move to dismiss on the authority of People v. Singh, 112
Cal.Rptr.2d 74, 92 Cal.App.4th Supp. 13. Crim Law 394.1 (2) which states
that:
"If, however, the officer relies on a prima facie or posted speed limit, that
officer is incompetent as a witness and any evidence concerning the vehicle’s
speed is inadmissible unless an adequate survey is introduced." West’s Ann.
Cal. Vehicle Code Section 40802 (a)(2)."
7.) Your Honor, I also move to NOT allow the citing officer to testify and/or I
move this court to strike his IRLJ 6.6 CERTIFICATION OF THE SPEED
MEASURING DEVICE, because the citing officer relied upon the posted speed
limit and therefore the citing officer is INCOMPETENT AS A WITNESS AND
ANY EVIDENCE CONCERNING MY SPEED IS INADMISSIBLE UNLESS AN
ADEQUATE ROAD SURVEY IS INTRODUCED INTO EVIDENCE.
8.) Your Honor, I move to dismiss because the plaintiff and/or this court
failed to produce a certified and qualified ER 702 expert witness, i.e, THE
SPEED MEASURING DEVICE EXPERT in violation of my article 1, section 22
WASHINGTON STATE CONSTITUTIONAL RIGHT TO FACE MY ACCUSERS
when I timely filed a SUBPOENA in this court 30 days prior to my trial date
pursuant to IRLJ 3.1 (a), IRLJ 3.3 (d), IRLJ 2.6 (a)(2) & RCW 46.63.090.
***
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