Ticket for Speeding in a School Zone in Washington State

[bathedinshadow]

My question involves a speeding ticket from the State of: Washington

Hello everybody,

I received a ticket in Washington for going 25mph in a 20mph. When he pulled me over he actually said that I was going 30mph. He asked me if I knew if I was speeding. I said no. I had looked at my speedometer not long before getting pulled over, and I wasn't speeding. In fact just before he pulled me over, a car had slowed down to turn left, so I had slowed down even more. I had barely started going when I saw the lights. I truly don't think I could have gotten over 20 in that amount of time. I suppose there is a chance, but without staring at my speedometer constantly, I wouldn't know if I slipped over briefly. With that said, I was in a school zone. There were children present and I'm guessing the cops sit there waiting during these times. The ticket says that there he used a radar gun "smd." When he wrote me the ticket, he told me he was only going to write it for going 5 over - which he did.

I'm from out of state and I've never had a ticket in Washington. I travel to Washington often as 4-5 times a month. I also have a clean record myself. My question is, would it be worth contesting the ticket or would they be more strict because of the school zone? It would obviously come down to he said she said in a case like that and I realize I have no proof. I was alone in my car as well. $113 for a ticket for 5 mph over seems extreme to me. Especially since I'm 99% sure I wasn't going 5 over. Yes I have a percentage of doubt. 5 mph can happen in an instant and COULD have occurred just by having a lousy shift.

If I do contest it, will I have to pay more? It doesn't say on the ticket what the fines would be if I contest and lose.

As well, is there some sort of traffic school for this that will clear this? Currently I don't live in Washington, but it's a possibility in the future, and I'd like to maintain my driving record.

In addition, the ticket says nothing about a school zone unless it is some code on the ticket that I'm obviously not familiar with. I was cited on 46.61.400.

Any help/advice would be much appreciated!

Thanks in advance.

[blewis]

Wow! Were YOU lucky! First of all, $113 is the correct fine for 5 over in a "40 and under" zone. However, you were in a SCHOOL ZONE. Fines DOUBLE in a school zone. You COULD have been charged with a violation of RCW 46.61.440, which WOULD have resulted in a WAY bigger fine. Furthermore, paragraph (3) states:

(3) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.

That last sentence means you cannot even "mitigate" a school zone ticket. Many jurisdictions won't allow you to defer a school zone ticket either.

So, here's what I'd do if I were you. I'd call the Clerk of the Court and ask if they allow a "Decision on Written Statements" for a mitigation hearing. If so, I'd write up a letter requesting a deferral and send it in. I've written a rather lengthy "guide" which will provide you with most of the information you need. Post number 5 in that thread talks about a DWS.

A deferral will still cost you some money (probably more than the ticket -- usually $125 - $175, depending on the jurisdiction), but it won't go on your record. As long as you don't get another ticket -- IN WASHINGTON -- for the next year, this one will be dismissed. Your home state will not hear about it, neither will your insurance company. Just drive very carefully when you're up here.

Barry

[bathedinshadow]

Hi Barry,

I guess I don't think I was that lucky since I don't think I was speeding, but I see your point. Since the officer didn't make any reference to it being a school zone, does that still apply? I mean, I know that it was a school zone, and the address would obviously point to that, but I can't find anything on the ticket that indicates that.

I read one of your posts where you suggested that the person might want to "save" their deferral for something worse. Not that I plan on there being something worse, but who does?

How long do tickets stay on your record for out of curiosity? And if I move to Washington, this ticket will be waiting for me to go on my record? Is that right?

Thanks for your help. I've read a few of your posts and it's above and beyond that you to put so much time into helping people!

[blewis]

If you plead guilty or if you are found guilty, WA will send a notice to your home state. If it's your home state's policy, you may receive points on your record there. If and when you move to WA and apply for a license, your record will be transferred here.

There's an interesting defense that might be possible in your case. What is the address where the infraction took place?

Barry

[bathedinshadow]

I suppose I should clarify that I live in BC. I've heard Washington has some sort of agreement with BC where they do send up notices, but I also know a few people that have received speeding tickets in Washington and claim that isn't the case. I'm a U.S. citizen and did previously have a license in California, but that expired several years ago when I moved up to BC.

The address is "WB 1000 Blk H" in Blaine. That's how he wrote it, but it's H Street just to clarify.

Just some other details from the ticket in case it helps:
Violation Date on or about: 3/3/2011 15:02 (yes I'm running out of time to decide )
At location ref. trafficway: WB 1000 BLK H 800
M.P. Block#: 1100
City/County of: Blaine/Whatcom
Veh Speed: 25
In a: 20
SMD: checked
Violations/statute code: 46.61.400 - Speeding 5 mph over limit (40 or un
Bail: $113

Perhaps I'll have to just pay the ticket, but I'd obviously rather fight it if there is a chance I could have it thrown out. Such a bummer to go so long without a ticket and then get one for a questionable 5 over!

[bathedinshadow]

Oh no, I guess I shouldn't have said I live in BC and used to live in Ca. haha.

[blewis]

Well, looking at Google Maps, I think you may be able to get a dismissal. Have you sent in your Discovery Request yet? If not, please do so, and post the materials. There is a clearly marked 25 MPH speed limit at the 1100 block. Since the officer did NOT charge you with RCW 46.61.440, basically, you're being charged with 25 in a 25 zone. But, get those discovery materials so we know for sure. If they talk about school children being present, you've been charged with the WRONG statute. If it does not, you've been charged with 25 in a 25 zone. Either case should get you a dismissal.

Download the form from here (click "Slow Download" after it appears). Be sure to send one copy to the court and one to the prosecutor's office -- TWO SEPARATE MAILINGS -- the form contains instructions. Also, be sure to send them BOTH Certified - Return Receipt Requested.

Barry

[bathedinshadow]

So I check "contest" and send that ticket? It has to be mailed by Friday, but I'll send it out tomorrow.

If they do find me guilty, will I basically just have to pay the same fine?

They can't change the ticket right? I mean I think I know the answer to this, but since I was in fact in a school zone, they can't be like "you're right, he did write it wrong and you're guilty X2."

And finally one last question, what happens if for some reason I can't make it to court on the date they give me. I don't foresee this happening, I just like to be prepared for all situations.

Thanks again for your help!

[blewis]

If I were you, I'd mark it "contested", request discovery, and then see. If it's a slam-dunk, I'd probably go ahead and submit a DWS, rather than drive MANY hours to court. If it's NOT a slam-dunk, I'd request a deferral -- which can probably also be done through a DWS. But, send in your ticket (be sure to make a copy of both sides), submit your discovery request, and go from there.

The rule concerning amendments is IRLJ 3.1 (c). Since, in my opinion, a school zone violation is a different charge than just "speeding", I don't think they can simply "amend" the charge. If you're found guilty, you cannot be fined more than the penalty shown on the ticket (see IRLJ 3.3 (e)).

Barry

[bathedinshadow]

I can always change my plea right. Sounds good! I'm actually going to Blaine tomorrow anyway, so I'll submit the discovery request in person as I've seen you suggest in other threads.

I'm not really that far from Blaine. Just an hour or so. So while I'd rather not have to cross the border several times, I can do all of this in person if you think it would help my case.

I find it strange that they don't give you more direction the ticket as to how to contest a ticket.

So just to be clear that I understand what I'm doing.... I'm going to mail the ticket in tomorrow and stop by the court to submit a discovery request. Then I have to submit it to the prosecutor as well. I'm assuming they will tell me where the prosecutors office is. Can I bring them in person or is it better to mail them certified?

Whenever they send me the documents, I'll post the information on this thread!