30 In A 25 Ticket, Contested And Lost - Can I Appeal?

**sglawabiding** · 05-16-2008, 09:44 AM

My question involves a speeding ticket from the State of: Washington- City of Bellevue.

I received a ticket for 30 in a 25. The office wrote the ticket for 42nd and 124th and testfied in court that I was traveling west on 42nd toward him on 124 at a rate exceeding the speed limit.

This is impossible as 42nd only runs west AWAY from 124th. I did note the error for the court. I probably should have moved for a dismissal at that time (but I am not a lawyer and did not think of that at the time)

I explained that the road on which I was driving (41st) is similar in form and function to Factoria Blvd and 124th both of which are 35 mile per hour roads. The speed limit on 41st is posted for east bound traffic but not west bound which creates a very confusing situation for motorists.

I lost- has to pay 85 instead of 113- like that was a compensation for my time.

Can I appeal this decision? The judge completely ignored the error in the officer's sworn testimony.

thanks.

**blewis** · 05-16-2008, 01:25 PM

Here's the problem, as I see it. You did, indeed, point out the officer's error, but then proceeded to supply the "correct" location yourself. And you're right, you should have moved for dismissal as soon as you showed that you physically COULD NOT have been on the road the officer stated.

However, once you supplied the correct location, the judge has enough evidence to find you guilty -- right from your own testimony.

A Traffic appeal in WA is NOT a de novo hearing -- meaning it is an appeal "on the record". The question is whether the record (you will have to obtain the recording of the hearing and have it transcribed) contains enough evidence to support the court's findings. An appeals court is looking for error on the part of the judge -- not the officer. My guess is that the record contains all the elements necessary to prove you committed the infraction -- thanks to your supplying the location.

I don't know about today, but 4 years ago I had to put up $110 for the appeal plus $40 for the CD of the hearing. You then have to have it transcribed (which runs about $20 per page -- mine was 13 pages). That's a lot of money, so, unless you've got something more than the officer's error, I'd say your odds aren't very good. Oh, and even if you win, you probably won't be able to recover your costs -- at least not without a trip to the WA Supreme Court (but that's another story).

Good luck,
Barry