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Speeding Ticket in National Olympic Park, Washington

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  • 10-24-2007, 02:31 PM
    NatHi
    Speeding Ticket in National Olympic Park, Washington
    I got a speeding ticket (radar detected) on a highway 101 that passes through the Olympic National park (CFR 36 4.21(c)). It looks like Federal jurisdiction prevails here and State laws do not apply. The court will be in US District Court, Tacoma, WA.

    What are my options here? Is it possible to contest the ticket? The speed limit was set to the statutory maximum (i.e. 45 mph) according to CFR 36, and is strictly enforced (once again according to CFR 36). Are there any regulations regarding usage of radars by park rangers? Do they have to have formal training?

    Also, I'm not sure that Federal jurisdiction applies to highway passing through the park, as according to the state of WA this highway is designated as State Highway.

    What would be my options here?

    Thanks in advance for all your help!!!
  • 10-24-2007, 04:10 PM
    blewis
    Re: Speeding Ticket in National Olympic Park, Washington
    You might want to take a look at this thread. It was similar to yours. Unfortunately, there's not any follow up on the disposition, so we don't know the final outcome. Perhaps you'll return and let the rest of know what happens to you.

    Good luck,
    Barry
  • 10-24-2007, 04:27 PM
    NatHi
    Re: Speeding Ticket in National Olympic Park, Washington
    Thank you. I think that igneousy is still going through pre-trial (arraignment etc).

    I have a follow-up question, though. Can a stretch of the highway passing through some portion of nat'l park be also called "park road"? Anyone knows legal definition of "park road"?
  • 10-25-2007, 09:09 AM
    blewis
    Re: Speeding Ticket in National Olympic Park, Washington
    According to RCW 37.08.210, WA State ceded "exclusive jurisdiction" to the Federal Government "over and within" the park. Besides, Rt. 101 is a US highway. It would be hard to imagine that the Feds wouldn't have jurisdiction over a portion of a US highway where it passes through land governed by the Feds themselves. Sorry, I can't see much hope with that tactic.

    Barry
  • 10-25-2007, 12:08 PM
    NatHi
    Re: Speeding Ticket in National Olympic Park, Washington
    According to RCW 47.17.165, the 101 highway is a state highway. It is fine that Feds have jurisdiction over a portion of it.

    I had a situation where the speed limit changed from 55 to 45 and the 45 speed sign was poorly visible. What laws would apply to this case? I know that the Feds may claim that this is "park road", that the statutory maximum speed limit is 45 and that they don't even need to post the sign. How would defense counteract this argument?

    In my case, the 45 mph sign was indeed almost illegible.

    Thanks!
  • 10-25-2007, 02:29 PM
    BOR
    Re: Speeding Ticket in National Olympic Park, Washington
    Quote:

    Quoting NatHi
    View Post
    Also, I'm not sure that Federal jurisdiction applies to highway passing through the park, as according to the state of WA this highway is designated as State Highway.

    What would be my options here?

    Thanks in advance for all your help!!!

    Barry has cited the applicable source. Even if "exclusive jurisdiction" were not ceded, the ACA permits the feds to charge a violation of state law on federal property where there has been no enactment of Congress, so either way jurisdiction is without question. Congress does not pass comprehensive traffic laws for federal property as states codify.


    http://www.usdoj.gov/usao/eousa/foia...9/crm00667.htm
  • 10-25-2007, 03:25 PM
    NatHi
    Re: Speeding Ticket in National Olympic Park, Washington
    I agree that Feds have jurisdiction and can enforce state laws on federal land. In fact, CFR 36 states that local state laws apply when there no applicable Federal law.

    However, there may be a confusion when state and federal laws are mixed together. I'm just trying to untangle which laws apply here.

    For example, under state law no speed limit needs to be posted on state highway if the speed limit is statutory. Does this apply to Federal roads as well?

    Suppose that you're driving on a highway and:
    1) first you're going on 55-mph stretch which is controlled by State and not Federal property
    2) then you enter Federal park road where statutory maximum speed limit is 45.

    Do the Feds have to post the 45-mph sign or not in this case?
  • 10-26-2007, 06:24 AM
    BOR
    Re: Speeding Ticket in National Olympic Park, Washington
    Nathi, I'll let Barry tackle that one, he lives in WA and is more familiar with the laws there than probably anyone on the board.
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