My question involves a speeding ticket from the State of: Washington
I was driving West Bound on I-405. It was near Issaquah. I was on left lane, and a state trooper car was parked on the right side of the road. I slowed down after I saw the police car, and that car started moving and pulled me over on the left side of the highway.
The trooper gave me a ticket saying 22mph over 60mph limit. I didn't request to see the radar at that time (on the ticket SMD was checked). The trooper also told me that I am required to have my front license plate displayed. The ticket was only for the 22mph over 60 mph limit. After receiving the ticket, I left.
I believe on I-405, it was just where the speed limit changed from 70 to 60 mph, and I didn't see the sign. (The trooper also told me that I was in the 60mph zone). This is also my first ticket. I'm 21, and I definitely don't want my insurance to go up.
I did some search online, and here are some options I'm thinking:
1. Talk to the trooper and plead to drop the ticket. I don't know if this is possible in Washington. (well, this idea is from the Lifehacker's how to beat a speeding ticket guide)
2. Have the ticket deferred and drive very carefully.
3. Try to fight the ticket myself (I was thinking about this option after read World Law's fighting speed ticket guide, but after reading Barry's Washington Traffic Ticket Sticky, I am more doubtful now.)
4. Try to fight the ticket through a lawyer. (I'm not sure how much they can actually do in my case.)
I heard it's easier to get tickets dismissed if it's your first one, but I'm unsure how true that is.
I'm not sure what I should do. Any advice is helpful. Thanks a lot in advance!
Ticket For Going 22 MPH Over the 60 MPH Speed Limit on I-405
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08-02-2010, 03:13 PMhajimeTicket For Going 22 MPH Over the 60 MPH Speed Limit on I-405
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08-02-2010, 05:00 PMBrendanjKeeganRe: Washington State: 22mph Over 60mph Limit on I-405Funny. 405 never goes East or Westbound... it's North or South... it also doesn't really go near Issaquah...Quote:
Quoting hajime
Yeah... it definitely was not 405. 405 never exceeds 60 MPH.Quote:
Quoting hajime
HAHAHA! Lifehacker needs help. I don't know ANYONE in ANY state where that will work. I truly get a kick out of these "beat your speeding ticket" manuals online...Quote:
Quoting hajime
Definitely something to consider, yes.Quote:
Quoting hajime
Why are you doubtful?Quote:
Quoting hajime
You'd be surprised at how far you can get with a lawyer. You'd be even more surprised at how cheap you can attain a lawyer for.Quote:
Quoting hajime
False. All tickets are equally "hard/easy" to fight. It depends on the discrepancies and other procedural mishaps that the officer commits.Quote:
Quoting hajime
My advice: Plan to fight the ticket (contested hearing). Go to Barry's Sticky, and read up on discovery. File for it. Then post it back on this thread and Barry, Cole and I and some others can help you out.
Brendan -
08-02-2010, 05:41 PMdavidmcbeth3Re: Washington State: 22mph Over 60mph Limit on I-405
You do have the right to conduct an investigation ... so you can demand to talk (and get answers from him) of the officer. It may do you good, if they refuse to allow you access to the officer then its likely a violation of the court rules & grounds for dismissal.
see link below:
http://www.expertlaw.com/forums/showthread.php?t=104963
Is the change is the speed limit actually there? And posted properly? Brendan may be correct on the limit - you dont sound so sure. But check -- it may be a speed limit sign is not posted well. (I have asked officers where he saw me enter the highway & they say I dont know - then I ask them the specific entry onto the highway is that is closest - then I ask the cop that he can only testify that I traveled on the motorway between the entrance & where he was - he'll answer yes - then I'll have my picture/video of signage that was posted wrong & show him & ask him if this is the sign (after I ask him if there is a sign & where it was in respect to his location & the entrance -- if he says "I dont know" then I stop asking him ? if my speed was below the max. for a highway, cause I won at that point) & then show measurements of it being X feet/inches from pavement level & then ask him what are the requirements for sign postage (if he does not know - then I will follow up with a question like .. if the reg. says 7 ft from pavement then you would agree that the limit sign is not posted correctly?) then motion for aquittal due to lack of evidence.
SO, do you want to fight the ticket? There is alot of work involved but you can be successful sometimes ... in WA I like the investigation (court rule) aspect of the law ... The govt employees will likely not cooperate with you investigation & this is good for you cause it will lead to a dismissal in all likihood.
Asking the cop to drop the ticket? Bendan is likely correct .. snowballs chance in ... -
08-02-2010, 08:29 PMhajimeRe: Washington State: 22mph Over 60mph Limit on I-405Oops, sorry, I meant to type I-90, not I-405, I don't know why I did that...Quote:
Funny. 405 never goes East or Westbound... it's North or South... it also doesn't really go near Issaquah...
Well, mainly that it's my first ticket, and that I have no experience whatsoever with the court. And Barry saidQuote:
Why are you doubtful?
"You have the right to subpoena the officer or officers. The question is “Should you?” I have stated several times in these forums that I have NEVER seen ANYONE win (including defendants with attorneys) when the officer shows up for the hearing."
I also read in the World Law guide saying that most of the cases, people could've won themselves even they had lawyers. Maybe I shouldn't listen to that either.
The ticket was given to me on Saturday (7/31), and I read the Lifehacker guide about having the officer drop the ticket, so I called the state trooper on Sunday. The officer wasn't there so I left a voice message: Basically that Hi, I received a ticket from you on Saturday on west bound I-90. I was wondering if I can meet or talk to you on the phone to explain my situation. Right now I am in a very difficult situation in which I can't afford to keep my car if my insurance goes up after the ticket. I went hiking, was tired that day, and following a car in front.
I guess that was a bad idea since the voice mail can be used against me in court. I didn't admit to anything when I received the ticket nor on the phone.
Well, here is my plan:
1. Contest
2. File for discovery
3. Make one of the following decisions based on you guys' opinions on the discovery:
- Fight it myself
- Hire a lawyer
- Defer the ticket before the contested hearing
Thank you so much for your help! -
08-02-2010, 09:57 PMdavidmcbeth3Re: Washington State: 22mph Over 60mph Limit on I-405
If you did not admit to anything, then the voice mail is fine. Its part of your investigation ! Never admit anything ... you are calling him not to explain but to ask him ? to understand your charge better.
If you want to be "nice", just pay the ticket .... being nice gets you nowhere.
You can be firm & aggressive while also being polite and professional.
Call the station & ask when his duty shift is because you want to ask him some questions - so you can answers in your investigation. If they refuse to provide you with information or allow you to speak to him (in person preferably - dont worry, they wont shoot you!) ... then thats good for you; if it is OK then you could meet at the station. I would suggest asking to sit in on his morning briefing & then speak to him directly after.
The officer may lie to you to get you to admit you were speeding saying that if you confess he'll help you out ---- thats a lie of course.. -
08-03-2010, 10:52 PMBrendanjKeeganRe: Washington State: 22mph Over 60mph Limit on I-405So don't subpoena the officer, and you'll probably be fine.Quote:
Quoting hajime
I doubt that the officer or the prosecution would care enough to make it evidence.Quote:
Quoting hajime
Good plan.Quote:
Quoting hajime
Brendan -
08-07-2010, 08:34 PMhajimeRe: Washington State: 22mph Over 60mph Limit on I-405
I contested the ticket. Today, I got the Issaquah court house's mitigation hearing date. It's sept 7th. I was wondering if I can file for a Discovery right now, or I have to file for Discovery after I receive my contested hearing date if I choose to contest. The thing is if I can get the Discovery now, I can get help from you guys to decide whether to defer the ticket or contest the ticket. I read in Barry's guide that some jurisdictions doesn't allow you to defer after deciding to continue with contested hearing. Then if I can't file for Discovery now, then maybe I should just consider deferring the ticket.
So, is it possible to file for Discovery now?
Thanks. -
08-08-2010, 11:13 AMBrendanjKeeganRe: Washington State: 22mph Over 60mph Limit on I-405Yes. You can file for discovery the second the ticket is issued.Quote:
Quoting hajime
Btw, a mitigation hearing is not a contested hearing... I don't know why you received a mitigation hearing date.
Brendan -
08-08-2010, 11:27 AMhajimeRe: Washington State: 22mph Over 60mph Limit on I-405
Thanks. In Barry's guide, it said that some jurisdictions give you a "pre-hearing conference." I am not sure why they gave me the mitigation hearing.
I still have a copy of my original ticket, and there I marked for contested hearing. So if they made a mistake of giving me a mitigation hearing, do you think it's OK to move for dismissal? -
08-09-2010, 04:37 PMBrendanjKeeganRe: Washington State: 22mph Over 60mph Limit on I-405
No. Go to court and have them change the hearing. Bring the original. Tell them that it must have been a clerical err and you'd appreciate them to change the hearing.
Brendan