Washington Speeding Ticket, 5 MPH Over Limit

[Lucy2009]

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

It was on I5 and it was raining. The traffic was pretty heavy with no much gap between cars. I was on the very right lane and never changed, and kept up with the traffic flow. Cars on my left were faster than me and some of them moved in front of me 'cause I left some gap once a while. Just before an exit, a uncovered cop pulled me over. The first thought I had was I didn't catch up with the flow. However, he said I was speeding at 70 mph!!! He gave a ticket for 65 mph in a 60 mph zone and a bail around $100, and zoomed out of highway.

When the officer took my license to his car, I was quite confused and took a few pictures of the traffic. With my child in my car and with a Canada plate，I was very cautious. All the other cars around me are faster than me and I did nothing but followed the heavy traffic flow in the truck lane.

Oh, well, should i go for a hearing? mitigation or contested? My record is absolutely clean--no accident, no tickets and no fine, and I'd love to keep it clean. This is the very first ticket in my life. Also this is my first time on I5. No other witnesses, the officer is alone. The record in US won't affect my insurance in Canada.

Any suggestions are welcome. Do I have any chances? Will the pictures help? Any court fee?

It was SMD, and violation was "speeding 5 mph over limit(over 40)" . What does "over 40" mean?

Thanks.

[blewis]

As long as you're not from BC, the ticket -- most likely -- will not go on your Canadian record. However, BC and WA have a reciprocity agreement and report tickets to each other.

The "over 40" notation shows which fee schedule was used. Your ticket should be for $93. If the speed limit had been "under 40", at 5 over the fine would have been $113.

I really don't see how pictures of other cars is going to help you contest the ticket. "Keeping up with traffic" is not a defense, however, you might be able to use that in a "mitigation" hearing. Usually, that will result in cutting your fine in half.

There are no court fees in WA -- you pay the same fine if you just send in a check or contest the ticket and lose.

So, if it were me and I DIDN'T live in BC, I would contact the Clerk of the Court to see if they allow "mitigation" by mail. If so, I'd send a letter to the court explaining that I have a clean record and would like a reduced fine. It would reduce the payment, and, since it won't affect a non-BC license, would not result in higher insurance payments.

If I lived in BC, however, I would attempt to get a deferral. That would probably cost a little more, usually around $150, but -- assuming you don't get anymore traffic tickets in WA within the next year, this ticket will be dismissed and will NOT go on your record. Some jurisdictions also allow you to request a deferral by mail. Again, call the Clerk and ask.

Good luck,
Barry

[Lucy2009]

Thank you for your answer, Barry.

Unfortunately, I am in BC and I never knew that it will affect me in BC. I will rethink of what I am going to do.

Is it possible for me to have a deferral after a failed contested hearing? It seems a mitigation hearing is a bad idea 'cause it will leave a record.

[blewis]

You can request a deferral at EITHER a contested hearing or a mitigation hearing. Mitigation is easier if all you're asking for is a deferral. Again, you might be able to do it by mail, which would save you the trip to the court. If granted, the deferral will keep it off your record -- unless, of course, you get another ticket in WA within the year. Otherwise, the ticket is dismissed -- just as though you contested it and won. WA will keep a record of your ticket, the deferral and the dismissal -- just to make sure you only get one deferral every seven years. But, that will not be transmitted to BC.

Also, even though the law implies otherwise (see RCW 46.63.070 (5)), some jurisdictions won't grant you a deferral once you present a defense. Some won't grant it if you subpoena witnesses. I believe such "policies" are contrary to law, but only the appellate courts can decide that issue.

Barry

p.s. BC is the ONLY province that WA has such an agreement with -- bad luck, eh?

[Lucy2009]

Thank you Barry. You are so helpful.

Ya, bad luck for me.
I will go for the deferral--pay some money and get rid of the trouble. Also it is easy for a non-Washington resident not to drive there for a year or 6 months. .

I read lots of threads here. It means I will pay $100 plus the fine, right? I will provide the photos of the heavy traffic 1 minute after my pull-over and explanation. Is it possible to get the deferral fee reduced?

And, if I got caught(I hope not) after a year, will the officer see this speeding ticket and deferral from his system?

[Lucy2009]

Normally mitigation hearing will reduce the fee, doesn't it? If I request the deferral by mail, do I still have change for that? And, how can I request the deferral? I couldn't see anything on the ticket.

[blewis]

The Clerk of the Court can usually tell you the "going rate" for a deferral. It varies by jurisdiction -- usually between $100 and $150 total, but, again, it varies. I have NEVER seen that fee reduced. However, some courts will give you 90 days to pay it.

If you're asking for a deferral, you just ask -- you don't need to explain anything. If you're claiming mitigating circumstances, just explain why you think the fine should be reduced. But, a "mitigation" plea is a "guilty" plea. It will go on your record and be transmitted to BC.

I don't know what use those pictures would be -- they don't prove a thing about the traffic at the time and place you were pulled over -- what it was like a minute later is of no consequence.

And, yes, the ticket will remain available to WA law enforcement personnel whether it's dismissed, mitigated, or deferred. However, that's not the same as your DMV record, which will remain clear -- assuming it gets deferred or dismissed.

Again, call the Clerk. They may even have forms on their web site.

Barry

[Lucy2009]

I called the clerk and she confirmed the deferral fee is $100. Suprisingly, she said only 7 years per deferral applies, no 6 months or 1 year limit required.

[Lucy2009]

I just noticed the office wrote the location wrong. The place he pulled me over is close to an exit #109 but not pass it(from the photos I took I could see the sign in a few hundred meters away), that means I am at block 109 to 110 (the # is getting smaller on my side) , but he wrote the block # is 108. Will it be a change?

[blewis]

I called the clerk and she confirmed the deferral fee is $100. Suprisingly, she said only 7 years per deferral applies, no 6 months or 1 year limit required.

A deferral means that the court defers its "findings" (i.e. a "guilty" finding) for a period of time -- usually six months to one year -- the maximum limit by law. At the end of the deferral period, assuming you don't get any more tickets, THIS ticket is dismissed. WA law allows you to have ONE deferral every SEVEN years.

I just noticed the office wrote the location wrong. The place he pulled me over is close to an exit #109 but not pass it(from the photos I took I could see the sign in a few hundred meters away), that means I am at block 109 to 110 (the # is getting smaller on my side) , but he wrote the block # is 108. Will it be a change?

I doubt that that will be enough to result in a dismissal. I guess you could claim that if the officer didn't know where he/she was, maybe they got your speed wrong, as well. But, I think the court will allow what might be considered a "typo" -- of course I could be wrong, since you can NEVER predict what a judge will do.

Barry