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Challenge or Deferral of Speeding Ticket in Washington State

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  • 03-04-2019, 04:57 PM
    cptd
    Challenge or Deferral of Speeding Ticket in Washington State
    My question involves a traffic ticket from the state of: Washington

    As indicated, I'm looking for input on my best approach for dealing with a speeding ticket in the city of Shoreline, WA.

    I was traveling south on I5, approaching the 45th/50th St exits. I was in the left most lane, a dually truck was about 30 feet ahead of me in the lane to my right. He appeared wobly, uncertain whether he was going to enter my lane or something else entirely, so rather than test it, I accelerated past him and then slowed down once I was ahead. At this point, I saw the cop about 30 yards in front of me, he slowed, moved to the right, then got behind me and pulled me over.

    He said he got me going 82 (per the ticket, by SMD) in what, apparently, was a 60 mph area (I didn't see any signs). I explained what happened and why, he ended up writing the ticket for 70 though noted 82 on the ticket. $125 fine.

    I've already submitted a request for hearing, but I'm not sure whether to simply request a deferral or try to fight it, either by myself or by getting a lawyer. Aside from a not using a turn signal ticket a few years back, I haven't gotten any moving violations in a decade or so. I'm more concerned with the ticket going on my license than absolute cost, though if attorney's fees would surpass ~$500 or so, it seems like it'd probably be preferrable to just pay the ticket and deal with the likely small bump in insurance for the next couple cycles, net/net.

    Looking for general guidance/suggestions, and also what I can/should request from the court to prep assuming I try to fight it (read on the forums I may be able to subpoena information to establish whether I have any kind of case--what's the process for doing this?).

    Appreciate it,
    Chris
  • 03-04-2019, 05:15 PM
    pg1067
    Re: Challenge or Deferral of Speeding Ticket in Wa
    What defense do you think you might have? The appropriate thing to do under the circumstance would have been to slow a bit so that if the truck pulled in front of you, it wouldn't cause a problem.
  • 03-04-2019, 07:11 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    I disagree, like I'd mentioned, the truck seemed wobbly, possibly just an erratic driver. The issue wasn't simply that the driver could pull in front of me. I'd much rather have an erratic driver behind me than in front of me. Not really the point of my post though.
  • 03-05-2019, 03:23 AM
    searcher99
    Re: Challenge or Deferral of Speeding Ticket in Wa
    If you have not already done so, be sure to read the sticky thread Procedural Guide to Traffic Tickets in Washington State which contains a link to a discovery template. Per the instructions in that template, you serve the discovery request on the prosecutor (King County) and file a copy with the court.

    Any possible defenses are likely to be preliminary, meaning that you would not be arguing circumstances at all. Rather you would be attempting to exclude readings from the speed measuring devices, including the speedometer since you were clocked by moving radar.

    If you want help reviewing discovery, upload digital photos or scans (with your personal id and citation number redacted) to any free image hosting site and link them here in your thread.
  • 03-05-2019, 08:51 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Thanks. It looks like the template omits the second item under IRLJ 3.1(b):
    "a copy of video or photographic evidence the prosecutor proposes to introduce at trial, unless in reply to the discovery request the prosecutor provides the address to a web site where such evidence is accessible to the defendant"

    Any reason not to include this as well?

    A copy of my redacted discovery request below:

    https://i.imgur.com/AhbK2LF.jpg
  • 03-05-2019, 11:14 PM
    joef
    Re: Challenge or Deferral of Speeding Ticket in Wa
    In WA the officer will not be present unless you subpoena them. The only evidence generally presented is the officer,s sworn statement so video/photo evidence is rarely presented.
  • 03-06-2019, 08:41 AM
    searcher99
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Quote:

    Quoting cptd
    View Post
    Thanks. It looks like the template omits the second item under IRLJ 3.1(b):
    "a copy of video or photographic evidence the prosecutor proposes to introduce at trial, unless in reply to the discovery request the prosecutor provides the address to a web site where such evidence is accessible to the defendant"

    Any reason not to include this as well?

    Probably there are 2 reasons why the author of the template does not list a request for video evidence, starting with what joef mentioned above. The other reason is that any video would more likely hurt your case than help it.

    You cannot successfully argue passing as a justification for speeding. RCW 46.61.425 only allows you to exceed the speed limit on a highway with only one lane in each direction. You were on I-5 with 4 southbound lanes.

    The best thing you can do is to request and wait for discovery materials, then go from there.
  • 03-06-2019, 12:58 PM
    paddywakk
    Re: Challenge or Deferral of Speeding Ticket in Wa
    What most drivers don't realize is that speeding to pass another vehicle is still speeding.
  • 03-06-2019, 01:28 PM
    prusakolep
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Quote:

    Quoting paddywakk
    View Post
    What most drivers don't realize is that speeding to pass another vehicle is still speeding.

    I would disagree with this. I would expect most drivers know it's speeding, they might try to excuse their speeding but they still know it's speeding. What most drivers don't realize is that it is legal in some states/situations to exceed the speed limit while passing. For example, in Washington, on a two-lane highway, if the car you are passing is going under the speed limit. This of course does not apply in this situation, but I want to point out that in some cases it is legal, and that it is not widely known, even in Washington.
  • 03-06-2019, 08:52 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Thanks...take it no obvious issue with my discovery request?
  • 03-07-2019, 03:24 AM
    searcher99
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Quote:

    Quoting cptd
    View Post
    Thanks...take it no obvious issue with my discovery request?

    The request you posted should be ok. Basically you can request anything, but only 1 item listed in IRLJ 3.1(b) is relevant to prosecute a speed infraction based on a reading from a speed measuring device. That would be the citing officer's sworn statement, also sometimes referred to as an “affidavit of speed.” Only the radar evidence will be used to prosecute. They are not required to send a physical copy of device certifications, but again it’s ok to ask.
  • 03-26-2019, 11:03 AM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Update on this.

    Submitted the request for discovery on 3/11, stamped as filed and got a copy. I haven't yet received anything from the court. Court date is 4/5. Out of the ordinary or just wait and see?
  • 04-04-2019, 04:47 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    So, it's the day before my court date and I never received discovery. Having a closer look at the notice of hearing, there's reference to a request for SMD expert to be 'served on prosecuting authority', I only submitted my request for discovery with the court.

    Occurs to me I have two options:
    (1) on the basis of not receiving discovery, request a dismissal as described here: https://www.expertlaw.com/forums/sho...d.php?t=104826. Will the fact I didn't serve on 'prosecuting authority' undermine this?
    (2) request a deferral of the ticket

    My hope is to request the dismissal as a pretrial motion and, ideally, get it. If it's not granted, I would request a deferral. Suggestions or input on how this is likely to proceed given my circumstances?

    Many thanks,
    Chris
  • 04-05-2019, 07:06 AM
    searcher99
    Re: Challenge or Deferral of Speeding Ticket in Wa
    You really don’t have option (1) because you didn’t serve the request on the opposing party. The court gets a copy but has no obligation at all to serve the request on your behalf. What you can do is ask for a continuance in order to properly request discovery.

    It’s ok to request a deferred finding if your time is worth more than money you potentially could save by contesting. Just keep in mind that you can’t have another for 7 years. However if you follow through with discovery there is always a chance to find a strong defense argument.
  • 04-30-2019, 08:33 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Finally got discovery back from the prosecuting attorney.

    https://imgur.com/a/15vORnk

    Any input on possible avenues aside from deferral here are appreciated.

    Many thanks,
    Chris
  • 05-01-2019, 05:19 AM
    flyingron
    Re: Challenge or Deferral of Speeding Ticket in Wa
    But that exception doesn't exist in this case. I-5 is a divided highway. Washington State (and they are unique in this) only permits a slight exceeding of the speed limit while passing cars on an undivided road.

    Unless I missed it, the RADAR unit id tag is not specified. Hence, there's no way at court to determine if the thing has been calibrated. This should be an easy win.
  • 05-01-2019, 03:57 PM
    prusakolep
    Re: Challenge or Deferral of Speeding Ticket in Wa
    The radar unit is mentioned on the first line, above the main body.

    The affidavit states that the officer "observed the defendant approaching & receding". Clearly that is not possible, at least not at the same time. IMO this inconsistency has a decent chance of winning. As an additional chance, the patrol vehicle is not identified, so the speedometer calibration cannot be verified. Though it is not clear whether the patrol vehicle calibration is required.
  • 05-01-2019, 07:44 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    Appreciate the thoughts. Suggestions on how to proceed with this in court then?

    Hoping to get input on this for court on Monday before folks sign off for the weekend. Many thanks fellas
  • 05-04-2019, 02:07 PM
    searcher99
    Re: Challenge or Deferral of Speeding Ticket in Wa
    From what I can see, nothing really jumps out strong but there are still several preliminary items you could bring up.

    However there is one possibility for a strong defense which has to do with whether or not the RADAR calibration certificate for unit R2739 is filed at the court (the cert for your ticket—not the new one). You should definitely arrive early and check for that. The reason why this is so important is because the prosecutor in his discovery response is NOT directing you to the online lookup for certifications. Rather he states that “Speed measuring … certificates are available for inspection in the courtroom. See IRLJ 6.6 (d).” That means he is following the last sentence in IRLJ 6.6 (d) which states that “Evidence shall be suppressed pursuant to subsection (c) of this rule if the evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required.”

    Also it’s very important to note that you will be looking for the certificate dated 3/6/2017 expiring 3/6/19—not the new one dated 3/6/2019 which took effect a month after you were cited. If the older one is not there you can move for suppression.

    If you want to try contesting, first ask (immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony) “May I make a preliminary motion and still have the option to defer?” If the answer is no, then proceed only if the cert is not at the court or if you are willing to risk possibly losing.

    Each of the following should be announced as motions to exclude or suppress evidence of speed due to lack of foundation:

    1. The device calibration certificate in effect on the day of your ticket is not filed at the court as required. This assumes that you arrived early, checked the certificates on file and can’t locate that cert. If the certificate is not filed at the court, move for suppression pursuant to IRLJ 6.6 (d).
    2. The officer’s statement that his speedometer “is checked by RADAR every 90 days at 30 and 60 MPH, as prescribed by the WSP manual” strongly implies that speedometer certification is required, yet he has not identified his patrol vehicle as would be required by ER 901 and IRLJ 6.6 in order to authenticate evidence about the speedometer.
    3. The officer does not indicate when he checked the RADAR before his shift, meaning it could have been days, weeks or months ago.
    4. It could be argued that the State Patrol certificates are not substantially compliant with the form spelled out in IRLJ 6.6(b). They cannot state beforehand that “The units were evaluated and certified” when the actual certification gets done later. If themadnorwegian is correct in this previous post, then it can be argued that the Washington Supreme Court requires an objection be granted when it relates to a defective certificate.
    5. It could maybe be argued that the electronic signature on the date of actual calibration is not sufficient. Perhaps a physical signature is required, but really I don’t know about that—just wondering. In any case, the 2 different dates/signatures would seem not to comply with the form spelled out in the rule, which looks to require a single signature after completion of specific device calibration.

    If any motion is granted, then move for dismissal due to lack of evidence.
  • 05-05-2019, 01:04 PM
    cptd
    Re: Challenge or Deferral of Speeding Ticket in Wa
    This is helpful, will give it a shot.
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