Deferral or Discovery?

[thabc]

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

I was issued a citation for RCW 46.61.410 "70+ in a 60" on SR-195 in Whitman County, Washington, on 9/27/08. It was filed on 9/29/08 with the district court.

State Patrol was out in force this Saturday. I passed about 10 patrol cars in 20 miles. Because of this and a speeding ticket already on my record, I was habitually driving a cautious 58 most of the journey. I'm at a loss to how the officer could have read my speed as 72, but he did say he was using radar, which I understand has some limitations. He clocked me as I was in a curve and he was accelerating into the curve (looked like he had just merged onto the two-lane highway from the shoulder).

I called the district court and they said I am eligible for deferment. I'd prefer to keep this off my record, but honestly I don't think I was speeding, so I'd hate to waste a deferral.

So what's next? Should I send in the ticked marked "Contested Hearing" and initiate discovery with the district court and prosecutor's office, or send it in asking for a deferral (supposedly just requires an additional $25 fee and the value of the ticket bail)? If I lose my case, can I defer the ticket then, or is it a limited offer?

[blewis]

I was issued a citation for RCW 46.61.410 "70+ in a 60" on SR-195 in Whitman County, Washington, on 9/27/08. It was filed on 9/29/08 with the district court.

Really? Wow! RCW 46.61.410 does not, in my opinion, define a citable offense. It simply gives the transportation secretary to power to raise the speed limit to 70 under certain circumstances. Nowhere in that law does it say that it is an offense to exceed that limit. I believe you should have been cited under RCW 46.61.400, which indicates that "no person shall drive a vehicle on a highway at a speed in excess of such maximum limits". See, for example, State v. MacRae, 101 Wn.2d 63, 676 P.2d 463 (1984), which discusses a similar situation.

So now the question becomes whether the court would allow an amendment. IRLJ 3.1 (c) states:

(c) Amendment of Notice.
The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction.

The question in my mind is whether an amendment would constitute a "different infraction", since the original citation was for violating a non-citable law.

Sounds like an interesting case, if you decide to fight it.

Barry

[amaocn]

Ok, so my inquiry is somewhat different from the current thread.
I received a speeding ticket on August 24th while heading east on Highway 2 over Stevens Pass in Washington state.
Despite the fact that I do not believe I committed the offense, (I had my cruise control on at a max speed of 62mph, officer says I was going 70+),
I sent in the ticket the next day, contesting it. I have called the Evergreen district court 3 times so far, because they have not sent me a hearing date. The last phone call made to the court clerk was on 9/29, she said they received and filed my copy of the ticket on 8/29/08 but the state patrol officer still hadn't sent in his copy of the ticket. The clerk told me that there may be a way to get my ticket dismissed because the court has failed to respond in the amount of time required by law.
However, I cannot find any law or any written info anywhere as to how long the court has to respond to the ticket. Does anyone know? Please advise, and if you can, point out the next step I should take in getting it dismissed.

[blewis]

First of all, you are hijacking someone else's thread -- it's considered ill-bred. You should have started a new thread. The rule you're looking for is IRLJ 2.6 (a)(2). It states in part:

2) The court shall send the defendant written notice of the time, place, and date of the hearing within 21 days of the receipt of the request for a hearing.

That's 21 calendar days, by the way. So, call the Clerk and make sure they have, indeed, received your response to the citation and ask them for the date they actually received it. If 21 days have gone by, send a letter to the court containing a motion to dismiss pursuant to IRLJ 2.6 (a)(2).

You may or may not receive an answer. If they subsequently do schedule your hearing without ruling on your motion, make the same motion at the hearing. Some courts will grant the motion, others won't -- they may claim you were not prejudiced by the delay.

Good luck,
Barry