Photo Enforced Radar Ticket in Washington

[rayjax82]

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

I recently received a photo enforced ticket in the mail for speeding in a school zone. You can clearly see my car/license plate so that is not an issue.

The ticket was for 28mph in school zone, the normal speed limit for this area is 25mph.

There were no children present, the photo was taken at 2:27pm and per the school's website, the school does not get out until 3:30pm.

What are my options?

Thank you.

[blewis]

Your options? Well:

1) Plead guilty and send in the fine.

2) Request a "mitigation" hearing and try to get the fine reduced.

3) Request a "contested" hearing and try to get a dismissal.

Same options as anyone with a ticket. Now, if you'd like our advice, you will have to provide more information -- specifically, what does the School Zone sign say?

Barry

[rayjax82]

The sign says "School Zone, 20mph When children are present."

[blewis]

OK, on the video or on ANY of the pictures, are there children present? And I mean even ONE child ANYWHERE?

Barry

[rayjax82]

The pictures have no children present, and I just reviewed the video and there were no children present.

[blewis]

Well, if that's the case, I'd request a contested hearing. Take a photo of the sign. Since the video will already be in evidence, point out that there were, indeed, no children present, as defined in WAC 468-95-350.

You haven't given many details, but, if what you have told us is, indeed, the case, I think a dismissal is likely. Be aware, however, that there are some schools that have signs indicating "When Flashing", along with others that say "When Children are Present". You'll need to be sure there were no "When Flashing" signs on the route you took.

Barry

[rayjax82]

I've been trying to remain anonymous, but I certainly appreciate your answers. I will head to where I received the ticket today to check out and verify the signs.

Thank you for your time.

[BrendanjKeegan]

If this is a "ticket" from Lake Forest Park, then check to make sure it has "Notice of Infraction" on what you received. I've seen some tricks done with "Notice of Violation."

Brendan

[djdminer]

I received the same ticket myself. It was a "Notice of Infraction" with the same circumstances but the sign says "School 20 MPH when lights are flashing or children are present" It was 11:27AM on a Monday when the picture was taken and there are clearly no children or any pedestrians at all anywhere in the photograph. I watched the video and the lights were flashing for some reason. They said I was doing 30 in a 20 and they did not provide me with a picture of anything other than the rear of my vehicle and the license plate #. This ticket is in Lynnwood, WA. I know these things are faulty quite often as the one located across the street from my house was on the fritz for over a week where it was taking pictures of every single car that passed all night long until the sun rose. It was quite amazing that they let it go on like that for literally a week before they finally got someone to come out and fix it.

Then it gets back to that other question about the machines being calibrated daily. If it takes them a week to find someone to get it to stop taking photos all night how often do you think someone actually comes out to calibrate it?

Anyway I was just wondering what is the best way to proceed with the court? Also the driver at the tome was not the registered owner and I can get an affidavit to attest to that. Is the registered owner required to tell them who was in fact driving the vehicle at the time?

[BrendanjKeegan]

djdminer: I'm not sure what you're asking. Rephrase the question please?

About your question on calibration... machines only need to be calibrated every year. Or maybe it's every two years. Anyway, the calibration on a machine is a lot different from a human used SMD. So, with that said, go and view the radar certification at the court. If its not on file, then they need to present an expert witness who authenticated the device.

Capite?

Brendan