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Ticketed for Speeding on My Way to Work

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  • 08-05-2014, 08:17 PM
    FlorenceS
    Ticketed for Speeding on My Way to Work
    My question involves a traffic ticket from the state of: WA

    Hello. I know I am not supposed to speed and I understand I should pay the consequences. I am new to this forum and I was told this is great place to look for advice on how to contest tickets.

    This isn't my first traffic ticket, but this is my first time trying to fight it in court (wish me luck). I drive really well usually (just one of them days...).

    http://i.imgur.com/TMUHHMc.jpg

    http://i.imgur.com/k7guQeI.jpg

    http://i.imgur.com/ytR8E5g.jpg

    http://i.imgur.com/v5ECjPL.jpg


    Anyone who can tell me what to say, do, how to read any errors on the ticket, etc... I would be eternally grateful.

    Thanks all!

    FS
  • 08-05-2014, 09:18 PM
    adjusterjack
    Re: Speeding on My Way to Work
    55 in a 35.

    You're toast.
  • 08-06-2014, 05:00 AM
    free9man
    Re: Speeding on My Way to Work
    The only thing I see is that the officer does not state when the SMD was tested, only that it was tested. The WA experts may see more.
  • 08-06-2014, 09:21 PM
    FlorenceS
    Re: Speeding on My Way to Work
    Thank you, but I've been doing a little research.
    But does it matter if the officer didn't write down whether the SMD was in staionary or moving mode?
  • 08-06-2014, 09:46 PM
    Samskim
    Re: Speeding on My Way to Work
    :nightmare:
  • 08-07-2014, 11:27 AM
    FlorenceS
    Re: Speeding on My Way to Work
    In addition, I have a CDL (commercial driver's license)

    - - - Updated - - -

    So... no dice?
  • 08-07-2014, 11:58 AM
    free9man
    Re: Speeding on My Way to Work
    If you have a CDL, you may want to consider getting a consult with an attorney since tickets can have far reaching effects for CDL drivers.
  • 08-07-2014, 12:14 PM
    Disagreeable
    Re: Ticketed for Speeding on My Way to Work
    You should hire a lawyer to attempt getting the charge amended.

    http://www.fmcsa.dot.gov/regulations...section/383.51

    2 tickets 15 over and some other combinations are a 60 days suspension. As you are at 11 over it will likely only affect employability.
  • 08-07-2014, 04:38 PM
    FlorenceS
    Re: Ticketed for Speeding on My Way to Work
    Thank you all for replying. But, does anyone know if the smd's moving mode or stationary mode argument will help in this case?
  • 08-08-2014, 02:15 PM
    spikespencer
    Re: Ticketed for Speeding on My Way to Work
    Quote:

    Quoting FlorenceS
    View Post
    Thank you all for replying. But, does anyone know if the smd's moving mode or stationary mode argument will help in this case?

    Depends on the judge and what your argument is, as I do not see either stationary or moving mode mentioned you may be able to argue lack of foundation but I doubt it. Again depending on the judge I would also potentially argue that the officer never states he was personally the one who checked the SMD and ask for a dismissal per ER 602 Lack of Personal Knowledge. He keeps saying "I" all through the NOI except for the sections regarding the testing of the unit which is a bit suspicious.

    Because of the CDL though I would agree with everyone else that has said you should talk to a lawyer.

    When if your hearing date? Did you request some kind of a continuance or waive your right to a speedy trial? You should have had your hearing a while ago per IRLJ 2.6(a)(1).

    ~Spike~
  • 08-08-2014, 02:46 PM
    BrendanjKeegan
    Re: Ticketed for Speeding on My Way to Work
    He says "tuning fork" singular when he lists two tuning forks. You also have an indefinite time argument. If an attorney couldn't get rid of this, I'd be astonished. If you couldn't get rid of this, I wouldn't be surprised.
  • 08-08-2014, 04:54 PM
    Disagreeable
    Re: Speeding on My Way to Work
    Let me give you a clue. If you are ever pulled over for a roadside inspection and have a clean record, the officers usually WANT YOU TO PASS so they can record they did an inspection and go on with their day. If you have a prior violation, they are less inclined to be so willing to allow you on your way as they might ultimately be saving someones life by citing you now and removing you from a 40 ton missile. A local lawyer might get it amended to a seat belt violation if you have a clean record.
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