Speed Trap Requirements in Washington State

[quadrifoglio]

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

I was issued a speeding ticket in the City of Everett on 6/14/08 and have a contested hearing coming up at the end of august. I have yet to request discovery but I will be doing that before the months end.

I've searched for a statue about the basic requirements for a legal speed trap in Washington, but I've not found anything. I'm not sure it the speed trap was legal.

The officer was on foot wearing a orange safety vest and walk to the middle of the street after he shot me with his SMD. I was completely unaware that he was even a police officer until I was less than 100 yards from him and saw the radar gun in his hand. His cruiser was parked on a side street completely hidden from view behind a hedge.

Does this sound like a legal procedure? Can someone help point me to the statue that describes the requirements for a speed trap?

I'm also curious if anyone has had any luck getting an using an engineers report to argue the speed limit is set artificially low of the roads design. I was ticket on 41st between I-5 and Colby. At this point it is a 4 lane divided street and apparently the speed limit is 30. I had no idea the speed limit was that low I assumed it was at least 35. I was ticketed for 43 in a 30.

Any suggestions are appreciated.
Thanks

[lwpat]

You may be thinking of the CA speed trap law. I don't think that WA has anything similar and what you describe is not unusual.

[blewis]

You must not have looked very hard. RCW 46.61.470 is titled "Speed traps defined, certain types permitted — Measured courses, speed measuring devices, timing from aircraft."

You will find it does NOT apply when radar or lidar is employed.

As far as the speed limit, RCW 46.61.400, which is probably what you were cited for, says that the maximum speed limit in any city or town is 25 -- unless the city or town changes it. Now that change must be based on an engineering and traffic survey.

However, if the survey is not valid or was not done, the speed limit SHOULD HAVE BEEN left at 25 -- thus, you would have been cited for 43 in a 25.

Barry