Unfair Ticket in Washington

[broncolover81]

hello, I am new to this board, my name is matt and I live in everett WA.
anyway, the other day I was driving to work and was going to get over to pull off the freeway so I pulled in front of an unmarked police car and got over 1 more lane, well he followed me and pulley me over. when he came up to the window he rudely asked me where my radar detector was. I told him I had one in my console but did not have it hooked up. ( had it with me because I needed to get a bracket for it to mount it.) Also it doesn't matter much because they are legal to use. He then wrote me up for going 5 over because I was pacing him. When I asked to see the proof I was speeding he said he didn't need proof and pacing was all he needed.

I am writing this because I don't know what I should do,
do I fight it on my own and probably lose because I don't have a spot free record, or should I get a lawyer. I can admit when I speed but this time I wasn't speeding and I have been trying to clean up my record. If I do contest it, what should I ask for and when, I.E. so the cop has to show up, and what do I say in front of the judge?
thanks in advace for the advice,
MATT

[blewis]

Can you give us some more information, Matt. Were you pulled over by State, County, or City police? What statute were you cited for violating (most likely RCW 46.61.400)? Where did this take place -- interstate, state highway, etc. What speed and what speed limit are listed on the ticket?

Meanwhile, you must respond with 15 days. You can mail in the fine (where you're pleading guilty), request a "contested hearing" (where you're pleading not guilty), or request a "mitigation hearing" (where you're pleading guilty, but with an explanation). If you wish to contest the ticket, you must request a "contested hearing".

After that, you will receive a notice telling you what's next -- a hearing or a pre-hearing conference (varies by jurisdiction). You will, at that time, also receive information about how to subpoena the officer and request discovery.

A lawyer is never a bad idea, but you don't need one at this point. If you decide a little later that you, indeed, want one, there will be time enough to get one after you receive your hearing notice.

Good luck,
Barry

[broncolover81]

hello, I was pulled over by a undercover state patrol car. (Like you can't tell it is a cop car though). It was the rcw-46-61-400. It says 65 in a 60 mile per hour zone and was marked clocked with a speed measuring device. He wouldn't let me see whatever it was though. It was on a busy freeway, I-5

I just want to know when I have to ask for the cop to show up because if I am paying this ticket I want to see proof that I was acctually speeding.

Also is it true that if the cop doesn't show up then it is dismissed?

[seniorjudge]

Q: I just want to know when I have to ask for the cop to show up because if I am paying this ticket I want to see proof that I was acctually speeding.

A: If you want this proof, then you will need to plead not guilty and have a trial.


Q: Also is it true that if the cop doesn't show up then it is dismissed?

A: No, it will be continued to a new date.

[chuckycheese]

Q: I just want to know when I have to ask for the cop to show up because if I am paying this ticket I want to see proof that I was acctually speeding.

A: If you want this proof, then you will need to plead not guilty and have a trial.


Q: Also is it true that if the cop doesn't show up then it is dismissed?

A: No, it will be continued to a new date.

This guy should not be taken seriously. If you received a ticket for '5 over', plead not guilty and the cop doesn't show up at trial...it will be dismissed 99 out of 100 times. It will be over!

[lwpat]

Q: Also is it true that if the cop doesn't show up then it is dismissed?

A: No, it will be continued to a new date.

The officer is not required to appear in Washington State unless you issue him a subpoena. Then if he does not show you can request a dismissal and it should be granted. As Carl correctly pointed out in another thread, a traffic court judge can pretty much do whatever he wants, but they will usually dismiss if you make the motion. If you sit there and say nothing, they can continue the case to another date.

[blewis]

Lwpat is right. The officer does not have to appear UNLESS you subpoena him/her. When you request a contested hearing, you will receive information about how to go about issuing a subpoena to the officer and how to request discovery. The discovery information will tell you what kind of SMD the officer used and also contain a calibration certificate for the device (or, at least, mine did).

You can get a jump on some of this by calling the clerk of the court where you must send your respond -- don't forget to make a copy of your ticket before you send it back. The clerk will most likely read you any information on the back of the officer's copy of the ticket. Also ask the clerk for the filing date stamped on the front of the ticket. Officers have five days (used to be only two) to file the ticket with the appropriate court.

I'm a little confused because WA State Patrol does not usually ticket for "five over". In fact, this is the first occurance I've heard of in MANY years. I've seen them use "five over" as an excuse to stop a vehicle which they suspect of something else -- DWI, possession, matches the description of a vehicle involved in a felony, etc.

Adjusting your speed slightly in order to change lanes to take an exit does not usually warrant a ticket. If the officer thought you might have been drinking, for example, and pulled you over as a result, you must have flunked the "attitude test", or he/she would probably just given you a warning and sent you on your way. My guess is that your response to what you thought was a rude question about your radar detector was what got you the ticket.

You want to see proof you were actually speeding -- you won't. If you subpoena the officer he/she will say, "I observed the suspect vehicle travelling on I-5 at what I visually estimated as 65 - 70. By the time I activated my radar, the vehicle had slowed to about 65, as confirmed by the radar reading." Or something to that effect.

The officer's testimony and the calibration certificate are the only proof the court will need.

In any case, if there is not some technicality (filed in the wrong court, filed after five days, etc.), you will have a hard time beating it -- if you subpoena the officer.

What I'd probably do is NOT subpoena the officer. Now the only evidence against you is the ticket itself. I'd tell the story just as you did here: car running parallel to you in the right lane. You need to take the next exit, so you slow a little, but so does that car. Then you speed up a little to get ahead and his lights come on and he pulls you over. If you went "five over" it was only in the act of trying to get by a guy in order to take an exit. Blah, blah, blah.

You might even tell your story to the prosecutor (on the phone before the trial date). See if you can get them to drop it. If not, tell it to the judge. Elicit as much sympathy as possible. Or go for a deferred finding.

Good luck,
Barry

[rangergts]

Officers have five days (used to be only two) to file the ticket with the appropriate court.

Do you know where I can find this law? I have a ticket that I'm supposed to go in to court tomorrow for and have been trying to find something official on that. The officer waited 10 days to file it. Will they really drop if if you just go in and say it was filed over 5 days after the ticket was written and they will drop it? What's the best way to present it? I was hopeing to be able to say something like;

"RCW. XXX.XX.XXX says an officer has 5 days to file this ticket. He took 10 days so I would like this ticket dismissed."

Is that going to do it or am I going to need to say more or in a different way. I've heard that this will get you off but a friend told me he was in court one day and someone said that and they wouldn't drop it. What's the best way to go about this?

Thanks!
Geoff