Ticketed for Speeding After Slowing Down
My question involves a traffic ticket from the state of: Washington, Whatcom County
Hey y'all,
I just got a speeding ticket (46.61.400) for supposedly going 87 MPH in a 70 MPH zone. However, the officer issued a ticket for speeding 5 MPH over limit which is a penalty of $105. I feel like I want to contest the ticket because I'm not sure that the situation that occurred was completely accurate. I don't want to ask for mitigation or defer this. It still goes on my record, so my goal is either to get this voided or simply pay the fine. An attorney would cost more than the fine, so I don't think that's worth it either.
To summarize, I was on two lane stretch of I-5, in the left lane. The patrol SUV was on the right lane, ahead of several other vehicles. I had accelerated to pass several of those cars behind the patrol vehicle, but I had the feeling the white SUV at the front was a squad car about 3-5 car lengths ahead, and proceeded to slow down. When I passed the squad car (and then was pulled over), I believe that I was not exceeding the speed limit at the time I passed the police SUV.
I was told by the officer that they had used a radar gun from the back of the car that measured my speed. She also mentioned that she saw me passing other vehicles and that since there was no emergency which would allow me to exceed the speed limit. She said "absolutely not" when I asked if I could receive a warning instead. This is my very first traffic infraction (in Washington State or elsewhere), so I did not ask for details about the radar equipment. At no point did I believe that my maximum speed during these few minutes was equal to or faster than 87 MPH. I totally could be wrong, but I don't think I was as fast as what the radar had purported me to be.
Thus, primarily, I want to know that this reading was accurate and the equipment had been maintained properly. I'm not sure if there's another defence to this speeding ticket. What should I be looking for and asking about in my discovery to make sure that this infraction was legitimate?
Finally, I can always still pay the fine before the hearing, right?
Re: How to Proceed - Wa Highway Speeding Ticket
Follow the instructions in blewis’ Sticky Thread for WA traffic Offenses. You should get the calibration information for the radar used. You can pay the fine up to the hearing. You could take the deferment which will eliminate the ticket if you stay ticket free for the proscribed period of time.
Re: How to Proceed - Wa Highway Speeding Ticket
Quote:
Quoting
joef
Follow the instructions in blewis’ Sticky Thread for WA traffic Offenses. You should get the calibration information for the radar used. You can pay the fine up to the hearing. You could take the deferment which will eliminate the ticket if you stay ticket free for the proscribed period of time.
I did read that thread in detail, although it merely talks about the process. There isn't anything on what you should/should not look for, or how to interpret whatever discovery you're given, or what to use when you move to dismiss... any help would be much appreciated!
I did a bit more reading, and found that people had used these to argue in court. Could anyone who has expertise in this briefly summarize how I'd be able to argue each point for a dismissal?
1) IRLJ 2.1 (4) - No Subsection?
On my ticket, the violation reads: 46.61.400 Speeding 5MPH Over Limit (Over 40) Actual speed 87MPH in Posted 70 zone.
The rule reads as follows:
Quote:
(4) The infraction which the defendant is alleged to have committed and the accompanying statutory citation or
ordinance number, the date, time, and place the infraction occurred, the date the notice of infraction was issued, and
the name and, if applicable, the number of the citing officer;
So there have been other threads where people have argued that there was no subsection - but it seems that for my ticket the context pretty much details the situation. Am I off here?
2) IRLJ 6.6 - SMD design and certification.
If I am IRLG 66, am I supposed to question the validity of the certification letter? I'm not sure how it relates with getting a dismissal at all.
3) Bellevue v. Mociulski and Bellevue v. Hellenthal
It sounds kinda similar to 6.6 ... I read that in a thread that 6.6 was to deal with SMD certification and not day to day testing... am I on the right track here? Can someone explain how bringing up this case in the court would work?
4) ER 602 - Lack of personal knowledge
Quote:
A witness may not testify to a matter unless evidence is
introduced sufficient to support a finding that the witness has
personal knowledge of the matter. Evidence to prove personal
knowledge may, but need not, consist of the witness' own
testimony. This rule is subject to the provisions of rule 703,
relating to opinion testimony by expert witnesses.
so what does this mean? that you can attack the officer unless s/he presents evidence of personal knowledge of the matter? What exactly would that mean?
thank you very much in advance! i really appreciate it! :D
Re: How to Proceed - Wa Highway Speeding Ticket
46.61.400 is a statutory citation. It doesn't need to be finer.
We can't tell you how to argue the SMD issues generally, post the redacted officer's statement.
What personal knowledge are you talking about?
We could write chapters on Washington State procedure, or you can do what was suggested and post the actuals.
Re: How to Proceed - Wa Highway Speeding Ticket
Quote:
Quoting
flyingron
46.61.400 is a statutory citation. It doesn't need to be finer.
We can't tell you how to argue the SMD issues generally, post the redacted officer's statement.
What personal knowledge are you talking about?
We could write chapters on Washington State procedure, or you can do what was suggested and post the actuals.
So re personal knowledge, I'm just reading ER 602 - Lack of Personal Knowledge. I'm not quite sure what it's about - I just know some people have used it as a defence and I'm trying to understand how that works.
I'll use the form to request the info for discovery ... just trying to get ahead of this and make sure that I am going through the process correctly.
Still, I'm trying to understand how those 3 other rules work hypothetically ...
Anyways, thanks for your response.
---
Just looked at the discovery form and it looks like you can only request 3 things - a copy of the officers statement, a list of witnesses, and calibration/certification log.
So does that mean you can't actually get a copy of the SMD readings saying that you went x MPH? i.e. if you were going 87MPH, you won't be able to see the actual SMD reading used to issue the ticket and you just have to rely on the officer statement saying you went x speed?
also, what is the difference between a moving and non-moving violation as it goes on your driving record? in some cases the prosecutor has offered to reduce the charge - is that only relevant in terms of not causing your insurance rate to rise or are there other benefits as well?
Re: How to Proceed - Wa Highway Speeding Ticket
The officer will not appear unless you subpoena them. Only the statement is the evidence against you. Sometimes the statement says that the unit was tested that day but does not say the officer did it or was present. That leaves open the question of who tested it, if the officer does not say he did it or was present effectively it is hearsay since he does not say it was tested with his personal knowledge of the test. This allows exclusion of SMD results since there is no evidence it was tested on the day you got the ticket.
The officer’s statement of the reading is adequate evidence for the reading. There is no copy, the units just display the speed and do not store or print it.
I believe the reduction helps your insurance and keeps the points off your record towards a total that can get your license suspended.
Re: How to Proceed - Wa Highway Speeding Ticket
It means you can't just testify about things, you have to either have directly observed them or have some specialized knowledge.
Again, absent knowning what testimony you're trying to express, we can't begin to guess as to whether it's admissible on this or any other rule.
Understand a Washington contested hearing (unless you do something stupid) will have the state's side solely determined by the sworn statement. That will indeed have a narrative about the speed readings. The good news is that if the officer omits something essential in his testimony, you can challenge it. Since the officer isn't there to clarify or augment his testimony,if it isn't sufficient, you win.
Re: How to Proceed - Wa Highway Speeding Ticket
So then basically comes down to -
are there enough holes or things left out in the statement that allows you to push to exclude the SMD results or other evidence...?
Re: How to Proceed - Wa Highway Speeding Ticket
Quote:
Quoting
coltonbrian
are there enough holes or things left out in the statement that allows you to push to exclude the SMD results or other evidence...?
Yup.
Re: How to Proceed - Wa Highway Speeding Ticket
Thanks. i'm going to mail in my request for a contest hearing today. Should I be sending in the form to waive the pre-hearing conference at the same time, or should I wait until I get a response first?