02 Luis Speeding Flyer

Washington Law at 46.61.470 REQUIRES a minimum 1/4 MILE measured distance of ALL ELECTRICAL & MECHANICAL OR OTHER LASER SPEED MEASURING DEVICES that are CAPABLE of measuring or recording the speed of vehicles to be admissible in court. I demand this court dismiss this speeding ticket because the officer did not have me in his or her sights for the required minimum of 1/4 mile and/or used a electrical, mechanical, laser or other speed measuring device that was or is capable of measuring the elapsed time during which I traveled between the entrance and exit which RCW 46.61.470 clearly provides “shall not be closer than one-fourth mile.” RCW 46.61.470 clearly reads: “RCW 46.61.470 Speed traps defined, certain types permitted – Measured courses, speed measuring devices, timing from aircraft. (1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap. (2) Evidence shall be admissible against any person arrested or issued a notice of a traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either: (a) The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or (b) a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a

vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle. (3) The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than onefourth mile.”http://apps.leg.wa.gov/RCW/default.aspx?cite=46.48.120http://apps.l eg.wa.gov/RCW/default.aspx?cite=46.48.120

In anticipation that the prosecutor or judge will argue that the _____________________

device

is

capable

of

instantaneously

and

continuously and accurately measuring my speed, and somehow or therefore this new device is not subject to the ONE-QUARTER MILE MINIMUM provided at subsection (3) of RCW 46.61.470, I object and argue that subsection (3) of RCW 46.61.470 clearly states that the ONLY EXCEPTIONS to this rule are that: “The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than onefourth mile.”

It is undisputed that ALL current and new ELECTRONIC & LASER SPEED MEASURING DEVICES are in fact CAPABLE of measuring or recording the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed traps,

THEREFORE, ALL NEW ELECTRONIC & LASER SPEED

MEASURING DEVICES are in fact subject to the “1/4 MILE RULE,” which is mandatory pursuant to “subsection (3) of RCW 46.61.470.” Until the WASHINGTON LEGISLATURE amends RCW 46.61.470 and/or until it enacts a NEW STATUTE that would purport to allow ALL NEW ELECTRONIC & LASER SPEED MEASURING DEVICES and their RESULTS to be ADMISSIBLE IN COURT,

the use of any NEW LASER SPEED MEASURING

DEVICE is INADMISSIBLE in court and is without “authority of law,” as

REQUIRED by article 1, section 7 of the Washington State Constitution. For HELP, call Tribal Court Lawyer / Of Counsel Luis Ewing at (253) 226-3741 or write to: or or