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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Question School Zone Speeding Ticket in Washington State

    My question involves a traffic ticket from the state of: Washington. I haven't done a lot of research in the forums so far, so let me know if I can find answers elsewhere. Every situation is a little different so I felt the need to post.

    Hello all,

    I am concerned with what I should say at an upcoming court date a week from Friday. I have decided to contest my first speeding ticket that occurred in a school zone, where I was doing 31 in a 20 zone. I am a 20 year old male attending college and have no prior traffic violations of any kind. In the area I received the ticket, all the flashing lights and signs were visible, and thus I feel like I don't have much of an argument against the legitimacy of the ticket. The (motorcycle) cop that pulled me over cited me for doing 30 instead of 31, supposedly reducing the cost by ~$50. The fifteen days I had to take action afterward went by quickly and I ended up deciding to try to get a mitigation, until I found out they don't happen in school zones by the lady at the municipal court. So, not having the $210 in my pocket to pay the ticket, I checked the contest box and arranged a court date.
    Now that I have a court date in a little over a week, I'm wondering what exactly I should say to minimize any kind of punishment, be it points on my license or insurance implications. I'm going by myself and haven't been around the block too many times when it comes to dealing with speeding tickets. I don't know whether or not the officer that wrote the ticket is going to be there. Any help would be appreciated.

    Thanks,
    Scott

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: School Zone Speeding Ticket in Washington State

    I assume you didn't subpoena the officer. You can hope he doesn't file his affidavit.

  3. #3

    Default Re: School Zone Speeding Ticket in Washington State

    Read this: http://www.expertlaw.com/forums/showthread.php?t=89115
    I'd call the court and ask for a continuance to have time to file discovery, and post the results here to see if you have any outs. School zone tickets suck though because you can't mitigate or defer them.

  4. #4
    Join Date
    Jun 2012
    Posts
    3

    Default Re: School Zone Speeding Ticket in Washington State

    Much thanks for the help thus far. I've had my hearing postponed until this Friday, and filed for discovery a full two weeks ago. I have not received the materials yet and the hearing is three days away. The guide has helped tremendously, but again my concern lies in what exact motions I should make when I am called up by the judge.
    I sat in on contested ticket hearings this morning at the municipal court in my area, and the scene wasn't what I expected. About fifteen people were in the room without any of the prosecutors or officers involved. The judge quickly got through the deferral and mitigation hearings, then moved on to the contested hearings. He made a distinction between contesting on a legal basis and contesting on a factual basis, which made sense to me at first. Most people who he spoke to stated that the officer's statement was incorrect (in one way or another), which would fall under the factual side, whereas nobody had any kind of legal argument. I suppose that's the route I might take if my discovery materials don't arrive in the mail.
    Should I be writing a script of what motions to make according to the guide? Quoting the quide: "If the prosecutor fails to provide the requisite materials, move to have the sworn statement suppressed pursuant to IRLJ 3.1(b), then move for dismissal due to lack of evidence." How exactly would I say this to the judge?
    On the other hand, I have also spoken with a family member who is a police officer on the east coast. Having been through situations similar to this, he suggested (at first) that I have a chat with the prosecutor and officer about pleading no contest, requesting no points on my license, and just paying the fine. When I told him no prosecutors or officers would be present, he told me to basically have the same chat with the judge, and suggested enrolling in a defensive driving class as well to please the judge. If my materials actually come in the mail, does this sound like a reasonable statement to make?

    Thanks again,
    Scott

    - - - Updated - - -

    Update - I received my discovery materials in the mail today, and the filing stamp is dated a day after the infraction. Other than this, what should I be looking for? It looks like I'm going to be asking for no points in court in the most polite way possible. Any suggestions at this point would be greatly appreciated.
    Scott

  5. #5

    Default Re: School Zone Speeding Ticket in Washington State

    Post a scanned copy of the discovery (with personal details blacked out).

  6. #6
    Join Date
    Jun 2012
    Posts
    3

    Default Re: School Zone Speeding Ticket in Washington State

    Got it deffered. Thanks for all the help people! Much appreciated.

    Scott

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