68 in a 55

[qweruiop]

My question involves a speeding ticket from the State of: Washington
I was driving on SR14 east. I passed a cop driving west. He u-turned, put on his lights and pulled me over. He asked me if I knew what the speed limit was? I said I thought it was 60. He said I was going 68 in a 55. He said he would write the ticket for 60 and fine me $93. The ticket says vehicle speed 60+, in a 68/55 zone. smd is checked. Violation 46.61.400. Also says R2025 x.
This is the deal, I have a cdl. I am two other speeding tickets on my record in 2005. I don't think I will qualify for the deferral? Do I contest it? If i contest it, I will request discovery information which should include the officers notes, his radar license, if the radar was checked that day with proper forks. Should I claim that, even if you were exceeding the posted limit, you were driving safely given the specific road, weather, and traffic conditions at the time.Can I use 46.48.120 to fight it? (see http://www.scribd.com/doc/5424832/01...shington-State) How can I beat this? I can not afford an attorney or the loss of my driving job. Any help much appreciated. Also, I have an Oregon Drivers License and my two other speeding tickets were in oregon and north carolina.

[Mr. Knowitall]

If this is going to potentially affect your CDL, I think you need to bite the bullet and hire a lawyer. Lots of people have dreams of going to court and somehow disqualifying a radar unit or officer's competence to use it, but in court those dreams typically evaporate.

[blewis]

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:

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

(a) Twenty-five miles per hour on city and town streets;

(b) Fifty miles per hour on county roads;

(c) Sixty miles per hour on state highways.

The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.

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.

Barry