Has anyone used an "MUTCD" defense in Washington State and won or does anyone have any opions about the following?
i.e. asking for engineering and (or) traffic investigations/speed studies (I've been told that I do not need to subpeona these documents)
I recieved a speeding ticket in WA; I obtained copies of the speed studies for my particluar location:
The speed studies are older than 5 years-- they were done in July and my ticket was in Sept; the 85th percential is 42 mph while the posted limit is 35 mph: MUTCD states something to the effect that the posted limit must be within 5 mph of the 85th percential (I have a copy of the MUTCD; RCW 46.61.400; RCW 46.61.405; RCW 46.61.410; RCW 46.61.415 and some court rules).
The question is, if you were going to do use a defense strategy, would you
1) ask for a discovery (I've been told I do not need to)
2) subpoena just the officer (I've been told that is the only person that needs to be there)
3) ask for a dismissal if the speed studies are not in the court room and or are not in accordence with the MUTCD (I've been told that the prosecution is the one that has the burden of not only laying it's foundation but it's case as well)
Any relevant opinions offered would be greatly appreciated