Speeding School Zone Washington State

[TheWizardOfAhhs]

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

In a 30 mph except 20mph School Zone when flashing area. The sign was not flashing @11:20AM when I entered. I pulled into a driveway inside the zone and spent approximately 50 minutes on-site doing computer maintenance. I then left and continued on the same road in the same direction. No visible signs indicating that it was a school zone. There was a crosswalk but no flashing lights and no 20mph sign. I was traveling at 30mph. I was cited for doing 31 in a 20mph school zone right in front of a 30mph sign with no mention of school zone. I suspect i was about 250 feet past the crosswalk. After I was pulled over I looked back and the lights were flashing in the opposite direction, but there was no way I could possibly know that the lights had started to flash.

I followed every visible traffic speed sign, but they cited me anyway.
I later found out the the flashing lights started at 11:38.

Does the presence of the 30mph sign supersede the school zone?

I requested a contested hearing, but it was continued because when I filed the request for discovery and then made the request to subpoena the officer, but it was contained in the discovery request and the court said it was not made on the proper form.

I am rescheduled to appear April 12, 2010. The prosecution has offered to reduce the $271 fee to $150 and will accept deferred prosecution on the incident, but I don't like admitting to something that I couldn't possibly have known and think I may have a case here.

Additional information. The statute cited was RCW 46.61.440. the language is:
(1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is FULLY posted with standard school speed limit signs or .....

note the word "FULLY" (my emphasis) there are several other streets and driveways that are inside the flashing light zone and clearly the crosswalk has no speed limit or flashing lights. I have seen other school zones that are clearly marked, have several sets of flashing lights with a sign announcing the hours in effect and "End School Zone" markings. These are fully posted IMHO.

Should I throw myself at the mercy of the court (since I followed every sign), try to fight based on the "FULLY" clause and placement of the 30 mph sign or accept the deferral?

Ps: Is it required that the officer have personal recollection of this incident?

[Mr. Knowitall]

What exactly do the speed limit signs say? Do they list the times when school is in session?

The fact that you drive past a speed limit sign, stop for a while, and forget what it said doesn't excuse you from compliance.

[dwa]

did the officer include the subsection? RCW 46.61.440

some have had sucess using the subsection argument

[TheWizardOfAhhs]

No there were not any hours of operation. Had there been, I would be guilty since I saw the sign before entering "the zone". I have seen such signs in Lake Forest Park and they clearly comply with the "FULLY" clause. Signs before the zone announcing that it is ahead, signs that that announce School Zone when flashing, Signs with Hours of operation, also another flashing school zone indicator over the crosswalk, and "End School Zone" signs with dayglo orange on them at the end of the zone anouncing the end of the zone.

I got the schedule from the Bellevue Traffic Department. the lights were clearly off when I went past them. Once in "the zone" there are no further indications that there is a school zone. And the ONLY speed sign is one that says 30mph

did the officer include the subsection? RCW 46.61.440

some have had sucess using the subsection argument

I was cited under RCW 46.61.440 as doing 31 in a School Zone.

that's it for the front side of the ticket. The back side has the typical yada yada. No errors in the facts, filed in time and this ticket contains the "under penalty of perjury" clause.

Specifically, what subsection are you referring to. There are three.

[blewis]

Actually, there are four. However, the subsection argument probably won't apply to RCW 46.61.440, since only (1) defines an offense for which a citation may be issued.

RCW 46.61.440 Maximum speed limit when passing school or playground crosswalks — Penalty, disposition of proceeds.

(1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.

(2) A county or incorporated city or town may create a school or playground speed zone on a highway bordering a marked school or playground, in which zone it is unlawful for a person to operate a vehicle at a speed in excess of twenty miles per hour. The school or playground speed zone may extend three hundred feet from the border of the school or playground property; however, the speed zone may only include area consistent with active school or playground use.

(3) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.

(4) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (3) of this section shall be deposited into the account. Expenditures from the account may be used only by the Washington traffic safety commission solely to fund projects in local communities to improve school zone safety, pupil transportation safety, and student safety in school bus loading and unloading areas. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures until July 1, 1999, after which date moneys in the account may be spent only after appropriation.

The problem I see with your defense, is that the court will only have YOUR word for what happened (unless the officer indicated that he/she saw you pull out of the driveway). Unless you'd care to post the officer's sworn statement to see if anything occurs to one of us, about all you can do is tell your story. If the judge believes you, you're home free.

Oh, one statute that may help you is RCW 46.61.050 (2), which states:

(2) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.

Since your contention is that you (nor any other "ordinarily observant person") could have seen the speed limit signs or lights from where you pulled out, this is the statute you'll need to refer to.

Good luck,
Barry