Speeding Ticket in Washington

I received a ticket for going 96 in a 70 zone in Grant county. I would like to either get the ticket deferred or thrown out completely. I honestly don't believe that I was going 96mph and when I asked the officer to perform an accuracy check on his equipment (laser) he told me that they were checked every morning and that I could look at the equipment if I wanted. He never did the accuracy check. Is that a basis for contesting the ticket? I realize I would have to subpoena the officer for this. Would I be better off trying to have the ticket deferred? I had a reckless driving charge over a year ago that was reduced to "too fast for conditions" but I didn't try to get that deferred. If I do attempt a deferral what do I do? Should I request a contested or mitigation hearing? Also, if I go the deferral route I would try to get a hearing by mail. How does this work?
Thanks.

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Quoting Gilly

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when I asked the officer to perform an accuracy check on his equipment (laser) he told me that they were checked every morning and that I could look at the equipment if I wanted. He never did the accuracy check.

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What gives you the impression that he MUST do an accuracy check when you ask him to do so????

He did offer you to look at the equipment, however, keep in mind that he is not obligated to do that either...

I was told that they were required to do an accuracy check but I must have been misinformed.
Perhaps, it will be best to shoot for a deferral. Should I choose a mitigation or contested hearing for this? If I choose contested should I still subpeona the officer that wrote me the ticket?

You may choose EITHER. But, some jurisdictions will not grant a deferral if you subpoena witnesses -- you need to be very careful about that. You can still contest the ticket, request discovery, and, if you don't find anything that can lead to a dismissal, request a deferral. But, by and large, subpoenaing the officer is rarely a good idea.

Barry

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Quoting Gilly

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I was told that they were required to do an accuracy check but I must have been misinformed.

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They are without a doubt, required to perform an accuracy check... Whether it be when the start/end their shift or before and after each use, the point is, there is nothing in the statute that requires them to do it when you ask for it.

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Quoting blewis

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You may choose EITHER. But, some jurisdictions will not grant a deferral if you subpoena witnesses -- you need to be very careful about that. You can still contest the ticket, request discovery, and, if you don't find anything that can lead to a dismissal, request a deferral. But, by and large, subpoenaing the officer is rarely a good idea.

Barry

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What is the difference between mitigation and contested? I realize that in a mitigation hearing I would be basically saying that I am guilty and in a contested hearing I would claim to be not-guilty. What would the point of a mitigation hearing be? If I request a mitigation will there be a possibility that the ticket will be reduced? Can I get a deferral through either option?

I greatly appreciate all the help.

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Quoting Gilly

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What is the difference between mitigation and contested? I realize that in a mitigation hearing I would be basically saying that I am guilty and in a contested hearing I would claim to be not-guilty. What would the point of a mitigation hearing be? If I request a mitigation will there be a possibility that the ticket will be reduced? Can I get a deferral through either option?

I greatly appreciate all the help.

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The point of a mitigation hearing is to explain that there were mitigating circumstances that was the reason you violated the law. You are pleading guilty. If you have a clean record, the judge will look at that and knock down the fee or possibly drop it to a lesser charge.

The point of a contested hearing is to explain to the judge why you did not
commit the infraction. If you go to a contested hearing and say "I was keeping up with traffic, and I have a clean driving record" all that's going to happen is you will be found guilty and have the complete charge brought against you. You want to say something like that at a mitigation hearing.

You will be offered the option to defer at both hearings.

I've decided to go with a mitigation hearing. I was planning on doing it by mail but I heard that they tend not to offer deferral by mail. Is this true? Also, will the judge be able to see that I went to court for reckless driving or will he/she only be see that I have a 'too fast for conditions' ticket?