Speeding Ticket Going 65+ in 60 Zone in Seattle, Wa

[yung]

Speeding Ticket Going 65+ in 60 Zone in Seattle, Wa

My question involves a speeding ticket from the State of: Washington but going to Issaquah court room.
I was on the way to work on July 6, 2009 and got a ticket for 65+ in the 60 zone. I were in the carpool lane, was going from Lynnwood, WA to Seattle, WA. Is there a way to fight for this ticket? The ticket is $93 but I have a clean record. Thank you.

[blewis]

What is the EXACT location of the infraction as specified on the citation? Does the citation indicate "SMD" or "Pace"? Does the infraction indicate your EXACT speed? If so, what was it?

You haven't given us much information -- please answer these questions and tell us anything else you can think of that might be important, and we'll see if we can help.

Barry

[yung]

What is the EXACT location of the infraction as specified on the citation? Does the citation indicate "SMD" or "Pace"? Does the infraction indicate your EXACT speed? If so, what was it?

You haven't given us much information -- please answer these questions and tell us anything else you can think of that might be important, and we'll see if we can help.

Barry

On the violation/status code: RCW 46 61 400 and under that L1/68 70 mph e 1327 ft. The citation indicate SMD. Served on Violator. Should I check the box Mitigation Hearing or Contested Hearing? I am using the same route (I-5 carpool lane) for 9 years and this is my first ticket. Isn't that silly? Thanks

[blewis]

Well, it doesn't sound like there's too much you can do about it. So, here are your options, as I see them:

1. Check "mitigation" hearing and explain to the judge that you have a clean record and, apparently, you just weren't paying attention to your speed. The judge will probably cut your fine in half. However, this will go on your record, and could result in higher insurance premiums.

2. Check "mitigation" and ask for a deferral. This will probably cost a little more money -- between $100 and $150 in most jurisdictions. A deferral means that if you don't get any more tickets during the next year, THIS ticket will be dismissed. That means that it will NOT show up on your record. However, you can only get one deferral every SEVEN years, so you've got to decide if this is the best use of it.

3. Check "contested" hearing. Then send in a discovery request to get the officer's sworn statement. Check it to see if there are any errors or if the citation wasn't filed with the court within 5 court days. If everything looks OK, you can always change your plea to "mitigation" and ask the judge for a reduced fine -- or a deferral (same as options 1 or 2).

Personally, I'd probably pick option 3. Then if there are no errors, change to a mitigation and get the fine reduced. If you find an error, you will probably get a dismissal -- it doesn't cost you anything and doesn't go on your record. However, if there are no errors, the reduced fine will probably only cost you around $50, and, if you've been driving for the past 9 years with no accidents or tickets, it probably won't affect your insurance too much (you can call your agent and ask about it).

Good luck,
Barry

[yung]

The officer put down this: L1/68 70 mph e 1327 ft, what does it mean? So you mean I should check the contested hearing and wait for a trial date? Thanks

[blewis]

L1/68 is probably the Lidar unit designation. 70 mph @ 1327 ft is what the officer actually clocked you at -- 70 mph while you were still 1327 feet away (just over 1/4 mile). As far as what you should do -- that's your decision. I tried to explain your choices and I indicated what I would do. Now, it's your choice.

But, yes, IF you decide to contest it, you will receive a notice containing your court date. Then you can submit a discovery request. Here is a form you can download and adapt, if you wish. Just click the "Free User" button, and then the "Download" button on the next screen.

Barry

[yung]

So I called the county yesterday, July 14, about the July 6 ticket, and the clerk told me my ticket is not in the system yet. She said maybe it is in the file but not in the computer system. I am wondering how long it takes for someone to find out when the officer turn the ticket in. What is the time frame for the officer to turn in before it can be dismiss by the judge. Well, pretty much what do I do now? Thanks again.

p.s. Thank you Barry for taking the time to respond. Sorry didn't say that before... I was too pissed about the ticket.

[blewis]

The officer has 5 court days in which to file the ticket. But, it may take significantly longer to get it entered into their computer system. A friend of mine recently received a ticket that took 3 WEEKS to get entered. He was hoping to get it dismissed, however, the actual "filing" date was the day after the infraction, so no dice.

Just send in your discovery request -- you'll need a copy of the filed ticket when and if you file a motion for dismissal.

Barry

p.s. You're very welcome.

[yung]

Thanks Barry.

Last question (I hope)....

So if I were to mail in the Discovery Request I should make a copy of the Signed form for my own record, as well as a copy of the ticket. Then send it the original ticket and the original signed Discovery form with Postal Office, requesting the Certified mail with Return Receipt?

I don't want the court to say I missed the date to respond in time.

Much appreciate your responses.

Oh, forgot to ask whether the form you supplied would work for District Court for the City of Issaquah?

Thanks,

[blewis]

So if I were to mail in the Discovery Request I should make a copy of the Signed form for my own record, as well as a copy of the ticket. Then send it the original ticket and the original signed Discovery form with Postal Office, requesting the Certified mail with Return Receipt?

Yes, make a copy of both the ticket and the discovery request for your records. Send the ticket and one copy of the discovery request to the court. Send a second copy of the discovery request to the prosecutor's office.

Oh, forgot to ask whether the form you supplied would work for District Court for the City of Issaquah?

Yes, but you must modify the "headers" accordingly -- just follow the example.

Barry