My question involves a speeding ticket from the State of: WA
I've read some very informative posts here. Many thanks in advance for reading/responding to my situation.
I got caught in a speed trap in for doing 49 in a 35 zone. I went in person to the courthouse and notified them of my intent to dispute the ticket, and asked for a signed and dated copy of the officer’s report, hoping to see that it was not filed within the 5 day limit required by law (as I understand it). The officer’s report is signed and dated as the day of the ticket, but since this was on a weekend I wonder if I need to find the actual court filing date. Are these things filed electronically, in which case he could have filed it on Sunday night?
There are several factual errors on the ticket. The one I can easily prove is that my vehicle is not the model year stated on the ticket. The other error is about my conversation with the officer. The officer’s version is factually incorrect, and predjudicial to my case. I was thinking of getting a signed and notarized affidavit from my passenger, respectfully disputing the officer’s version. Is it likely the judge will allow this to be submitted into evidence?
I have some other ideas about how to pursue this, but don’t want to get too specific and allow a web-savvy officer or prosecutor to discover my tactics.
I have some general questions though:
1) Is it legal to operate a speed trap in WA? If not, what is the legal definition of a speed trap in WA?
2) As I understand it they are ticketing people left and right, and day and night in a confusing area that is slowly being turned into an industrial park. Am I going to get anywhere arguing the signage should be improved to increase compliance?
3) Can I request a statistical report stating how many tickets were given out in each of the past several months? (hopefully as proof of low compliance, and a speed trap)
4) Where can I find a rule prohibiting a “reduced speed ahead” sign from being placed in the middle of a curve on a pole sharing many other street signs? Is there a court ruling on such a situation that I can reference in my defense?
5) As I understand it, there are new (c. 2003) federal “recommendations” for the 1st speed limit sign when the speed is reduced, which places a standard speed limit sign within a larger yellow diamond shaped sign. If this sign, which I missed, has been replaced since these recommendations were adopted is the judge likely to agree the signage is now substandard (since it doesn’t include the yellow diamond) and dismiss the ticket?
6) Is there any rule in WA that the officer must have the (driveway) owner's permission to park his patrol car in someone's driveway while trying to catch speeders?
7) Should I be so bold as to submit a motion asking the judge to order the city to replace the 1st speed limit sign with one which observes the new recommendations?
Thanks again in advance for all the help.