Spokane v. Knight 96 Wash. 403 (1917)
The defendant was disputing his speeding ticket.
The defendant argued that Venue (the place the incident occurred) was not proved. The Court held that: the venue is sufficiently proved by evidence that the defendant was in “the city” and upon certain main streets all of which were in the city, although there was no direct statement that he was in the city of Spokane. The Court held that a speedometer could be used to prove excessive speed. However, the speedometer must be shown to be regularly tested and calibrated.
The appellant was convicted upon a charge of exceeding the speed limit in the city of Spokane, in violation of ordinance No. C1832 of that city. The defendant was sentenced to a fine of $10. In 1917, $10 was the equivalent of $202 in today’s dollars.
No witness indicated that the alleged infraction occurred in the City of Spokane. On the venue issue the court held: This court has held in a number of cases that venue, like any other fact, may be found upon circumstantial evidence. State v. Fetterly, 33 Wash. 599, 74 Pac. 810; State v. Gilluly, 50 Wash. 1, 96 Pac. 512; State v. Kincaid, 69 Wash. 273, 124 Pac. 684; State v. Chin Sam, 76 Wash. 612, 136 Pac. 1146; State v. Dooley, 82 Wash. 483, 144 Pac. 654; State v. Libby, 89 Wash. 27, 153 Pac. 1058, 155 Pac. 746.
The officer used a speedometer to take the defendant’s speed. The officer testified that: his speedometer had been tested as often as three times a week and was found to be correct.
The court allowed the testimony of the officer regarding the speedometer because the speedometer had been tested. If you have a CDL always consider fighting your tickets. Please contact us at www.blanfordlaw.com and we can help you.