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Speeding Ticket in Snohomish County, Washington

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  • 06-12-2009, 10:07 AM
    vishnew
    Speeding Ticket in Snohomish County, Washington
    I recently received a speeding ticket for 76 in a 60 in Snohomish County, WA. This is my second of two tickets on my record, the first of which I received only a few months ago (and naively didn't fight).

    I recently requested discovery and the officer's information indicates that I blew a BAC (exact number included) that was below the legal limit (true) and that I had admitted to speeding (false). It also indicates that my speed was gauged using a laser, which is very surprising given what had happened:

    I was driving the speed limit when my exit was approaching and I needed to change lanes. The car in the exit lane wasn't budging, so I sped up to pass it and enter the exit lane. Soon after a black vehicle sped up to get directly behind my car (1' or less) and continued to follow me. I had no idea who was behind me and didn't want my brand new car to be wrecked by some tailgater, so I sped up. ~20 seconds later, the blue and red lights went on... surprise! The cop had been dangerously close behind me, yet wasn't even pacing to gauge my speed.

    Anyway, my court date is in the near future and I wonder what my chances are for fighting this. Thoughts? Any insight would be greatly appreciated.
  • 06-12-2009, 10:47 AM
    blewis
    Re: Speeding Ticket in Snohomish County, Wa
    Are you saying that the officer was NOT stationary when he "clocked" you? What, exactly, does it say in the notes?

    Barry
  • 06-14-2009, 09:52 PM
    vishnew
    Re: Speeding Ticket in Snohomish County, Wa
    The actual ticket says:
    46.6'.400, SMD, Speeding, 648 ft., L 1/139 (not sure what that last part means)

    The attached note says that a Pro Laser was used, that I was visually observed traveling away from where the officer was parked, that my speed was estimated at 80 MPH, at which point he placed the red dot sighting reticle onto my vehicle and determined the exact reading at a distance of 648 feet.

    The note goes on to say that the LIDAR unit was tested at the beginning and ending of the officer's shift at a fixed distance of 100 feet.

    Additional comments left:
    "Did not deny speeding conducted. Field sobriety tests blew 0.0xx" (amount was below legal limit)
  • 06-14-2009, 10:23 PM
    That Guy
    Re: Speeding Ticket in Snohomish County, Washington
    Quote:

    Quoting vishnew
    View Post
    Thoughts?

    I have a few, but the one that stand out in my mind...

    Quote:

    Quoting vishnew
    View Post
    I blew a BAC (exact number included) that was below the legal limit (true) ...

    Quote:

    Quoting vishnew
    View Post
    didn't want my brand new car to be wrecked ...

    Do you see the contradiction there?

    Point is, I wouldn't use the "sped up to avoid my car getting wrecked" for 2 reasons:

    1. Speeding is speeding, especially if you admit to it... And,

    2. Worrying about your car getting wrecked by a tailgater while you're driving while intoxicated is a bit of a contradicion.
  • 06-15-2009, 02:07 PM
    vishnew
    Re: Speeding Ticket in Snohomish County, Washington
    Thanks for the insight; you raised a few good points.

    1. I agree that speeding is speeding, but in the case of trying to avoid a car that is dangerously close to me, it would seem that the issue isn't as directly black and white. (It's also worth noting that at no point did I confess to the officer that I had been speeding, despite what his notes say.)

    2. I fail to see how having consumed alcohol to a point well below a legally recognized limit contradicts my desire to preserve the condition of a new vehicle. An unpredictable tailgater is far more dangerous than the known, legal amount of alcohol that I had consumed.

    Do you have any suggestions for what points of the case I should try to leverage?
  • 06-15-2009, 03:16 PM
    blewis
    Re: Speeding Ticket in Snohomish County, Washington
    Quote:

    Quoting vishnew
    View Post
    1. I agree that speeding is speeding, but in the case of trying to avoid a car that is dangerously close to me, it would seem that the issue isn't as directly black and white. (It's also worth noting that at no point did I confess to the officer that I had been speeding, despite what his notes say.)


    You just don't get it -- you were clocked by the officer when he was STATIONARY! You were clocked at a distance of 648 feet at a speed of 76. The officer then gave chase and affected a traffic stop. This has NOTHING to do with your speed when you claim the officer was tailgating you! You were already nailed.


    Quote:

    Quoting vishnew
    View Post
    2. I fail to see how having consumed alcohol to a point well below a legally recognized limit contradicts my desire to preserve the condition of a new vehicle. An unpredictable tailgater is far more dangerous than the known, legal amount of alcohol that I had consumed.


    What That Guy was trying to point out is that ANY amount of alcohol is contrary to the idea of not wanting to wreck your car -- even it it's below the legal limit. ANY amount will slow your reflexes and affect your judgement. Any amount of alcohol will INCREASE the chances of an accident. Anyone truly worried about wrecking his car would not drink and drive. That's what he meant by "contradiction" -- your actions contradict your words.

    Quote:

    Quoting vishnew
    View Post
    Do you have any suggestions for what points of the case I should try to leverage?


    From what you've given us, I don't see anything that you can "leverage". And the officer's notes don't say that you admitted speeding -- they say you did NOT deny speeding. If you're eligible for a deferral, I would highly recommend going that route.

    Barry
  • 06-15-2009, 03:31 PM
    vishnew
    Re: Speeding Ticket in Snohomish County, Washington
    What is required for a deferral?
  • 06-15-2009, 03:39 PM
    blewis
    Re: Speeding Ticket in Snohomish County, Washington
    Nothing -- as long as you haven't had one in the past seven years, all you have to do is ask the judge. MOST will grant it, but it's always up to the judge. If the judge grants it, you will have to go one full year without a ticket. If you do, this one will be dropped. If you receive another ticket for the deferral period is up, you'll get stuck with BOTH. That also means your insurance will skyrocket (if they don't just drop you).

    A deferral costs between $100 - $150 in most jurisdictions as an "administrative fee". If you get another ticket, you will also have to pay the fine for this one AND the second one, plus you're already out the admin fee.

    Barry
  • 06-15-2009, 03:52 PM
    That Guy
    Re: Speeding Ticket in Snohomish County, Washington
    Quote:

    Quoting vishnew
    View Post
    It's also worth noting that at no point did I confess to the officer that I had been speeding, despite what his notes say.

    Actually, according to what you posted, he isn't saying you confessed to speeding, he is saying you "Did not deny speeding"... Big difference.

    Quote:

    Quoting blewis
    View Post
    You just don't get it -- you were clocked by the officer when he was STATIONARY! You were clocked at a distance of 648 feet at a speed of 76. The officer then gave chase and affected a traffic stop. This has NOTHING to do with your speed when you claim the officer was tailgating you! You were already nailed.

    What That Guy was trying to point out is that ANY amount of alcohol is contrary to the idea of not wanting to wreck your car -- even it it's below the legal limit. ANY amount will slow your reflexes and affect your judgement. Any amount of alcohol will INCREASE the chances of an accident. Anyone truly worried about wrecking his car would not drink and drive. That's what he meant by "contradiction" -- your actions contradict your words.

    From what you've given us, I don't see anything that you can "leverage". And the officer's notes don't say that you admitted speeding -- they say you did NOT deny speeding. If you're eligible for a deferral, I would highly recommend going that route.

    Barry

    EXACTLY! Thank you Barry.
  • 06-16-2009, 09:36 AM
    vishnew
    Re: Speeding Ticket in Snohomish County, Washington
    Thank you both for your assistance.
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