Re: 68 in a 55
I agree with Mr. KIA -- your CDL may be on the line. And, you're right -- you don't qualify for a deferral. Therefore, you've got NOTHING to lose by fighting. I may even have a defense for you: Here's the law:
Quoting RCW 46.61.400
Your first line of defense is that the officer did not specify WHICH subsection of RCW 46.61.400 you allegedly violated. There is case law which says that a defendant has a right to know which statute was violated. You can move for dismissal on this basis.
If the court denies this motion, continue with the following:
Notice paragraph (2)(c) sets the speed limit on state highways (which SR 14 is one) at 60 MPH -- not 55. Since any alteration of the limits listed must be in accordance with RCW 46.61.405 (engineering survey required), 46.61.410 (increase maximum to 70), or 46.61.415 (local authorities -- engineering survey required), there must be an engineering survey to justify it. If not, the speed limit is in violation of state law. If the prosecutor fails to produce such a survey, the court cannot presume that the posted limit is valid or in compliance with statute, nor can the court assume that 55 is even "reasonable and prudent" (see below).
This leaves only one subsection under which you can be charged -- paragraph (1):
If the officer cited you for exceeding what would be considered a "reasonable and prudent" speed , there must be enough evidence in the sworn statement to establish what they think was "reasonable and prudent" under the conditions. This requires an affirmative statement, such as "In my opinion 55 MPH was the maximum reasonable and prudent speed under these conditions" (and it must list those conditions). If there is no mention of this (and there probably won't be), move for dismissal due to lack of evidence.
So, please submit your discovery request and come back and let us know what it says.
Where am I going? And why am I in this handbasket?