Photo Enforced Speeding Ticket in a School Zone

[JustTicketed]

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

Just received a Photo Enforced Notice of Infraction in the mail. Shows the posted speed as 20 MPH and my speed as 38 MPH. Picture was taken mid-morning.

My issues with this ticket:

1. I don't believe the lights were flashing on the date that I was driving. I would have noticed that and would have slowed down. I live within a mile of 2 schools so I know a flashing school light when I see one. My ticket says that the "technology is such that the camera is operating only when flashing lights are in operation". I will go out tomorrow at the specified time to see if the light is flashing.

2. I did not see any children present. As I understand it, the 20 MPH is applicable when the lights are flashing and when children are present. Otherwise, the traffic speed is 30 MPH.

3. The school that is currently in session is Summer School. My neighbor recently received a ticket for the same infraction and she make some phone calls to find that there are 40 children in attendance right now. At the time that my ticket was issues, 40 children should have been in their seats and the traffic light should not have been turned on.

Am I just forced to pay the $250 ticket or is there any way out of this?

Thank you in advanced.

[Mr. Knowitall]

I have never seen an ordinance that required children to be physically present before you had to slow down for a school zone. That would seem to undermine the entire point of lowering the speed limit during times when kids could be around - you aren't likely to hit a child you see.

If there's a specific time frame when the speed limit is reduced while signals are flashing, or if it holds true any time the signals are flashing, I doubt that the judge will have any interest in hearing your testimony about classroom hours. If you share the RCW number or the text of the statute or ordinance we can explore if that's a defense.