My question involves a speeding ticket from the State of: Washington
i received a speeding ticket this morning for doing 26 in a school zone. the sign stated 20mph when children are present. i did not see any children and the crossing gaurd was leaving to go back to the school (school started at 8:50 and i was cited at 8:54). this would mean that there in fact wasn't any children around right? i also found this:
http://apps.leg.wa.gov/wac/default.aspx?cite=468-95-350
it basically says that the sign is in force under the circumstances that there are A) children crossing the crosswalk. B) children waiting to cross the crosswalk. or C) children walking on a sidewalk or the side of the road witing 300ft in either direction of the marked crosswalk.
is it possible that i could have this ticket thrown out? if so what would i possibly need to prove that there weren't children present?
School Zone Speeding Ticket in Washington State
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03-09-2010, 09:52 PMcrystal3434School Zone Speeding Ticket in Washington State
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03-10-2010, 06:02 AMblewisRe: School Zone Speeding Ticket in Washington State
The ONLY valid "proof" that there were no children present is the officer's sworn statement. If it says that there were children present, there were. That's what the judge will believe, and you're basically "toast", unless you can find another flaw (and there usually are several). If it omits such a statement, then, yes, bring up WAC 468-95-350, and you should get it dismissed on that count alone.
You will have to submit a Discovery Request in order to see the officer's statement. You might want to read through this thread. It will provide some basic information as well as how to go about requesting discovery.
Good luck,
Barry -
03-10-2010, 01:28 PMBrendanjKeeganRe: School Zone Speeding Ticket in Washington State
Were you cited on RCW 46.61.440? Or did the officer cite you on that WAC?
Brendan -
03-10-2010, 05:33 PMcrystal3434Re: School Zone Speeding Ticket in Washington State
k so was looking over my ticket a little more it LOOKS like he cited me for 46.61.400 (its not clear because his handwriting is horrible) but if that is the case, that is for highways and interstates, correct? i was NOT on a highway. could this be grounds for dismissal?
i am so confused with this... my first ticket ever and it really upsets me because im 18 years old and expecting a baby in 1 month. i've always done my very best to follow the laws (yes, i know i haven't had my license very long) and i don't feel that i broke any laws :( -
03-10-2010, 10:37 PMBrendanjKeeganRe: School Zone Speeding Ticket in Washington StateNo... that statute relates to speeding, in general, on any public roadway. The officer was correct to have cited you for violation of this statute.Quote:
Quoting crystal3434
It's okay. We're here to help. Take a deep breath and relax. This site will help you learn everything you need to know to contest your speeding ticket and get it thrown out.Quote:
Quoting crystal3434
So far, what you've got it a ticket and two statutes that aren't going to help you out much. Here's what I recommend:
1.) Scan your ticket and make a copy of it for your own records. Post the ticket on this site so Barry, Cole, I and anyone else wishing to offer help can get an idea of what we're dealing with.
2.) Wait exactly Ten (10) days from the date that you were issued the citation. Check the box that says "Contested Hearing" and mail it in to the court.
3.) On the same day (or the day after) you mail the ticket, go visit the court and serve upon the prosecution and the court a request for discovery. If you don't know what discovery is, take a look around the site and get your bearings and figure out what it is.
4.) Report back to us with your discovered materials and we can help you best figure out a course of action.
If you have any questions, feel free to ask them. We're here to help.
Brendan -
03-11-2010, 01:08 AMcrystal3434Re: School Zone Speeding Ticket in Washington State
okay so now i have a couple new questions, just trying to understand everything before i get too far into this.
1) why wait exactly 10 days?
2) do i have to physically go into the court or can i mail the request for discovery?
3) request the discovery the same day i mail the ticket? don't i need to have the case number and all that info? how would i know the case number until i hear back from the court about a hearing?
(the legal system is CLEARLY not my strong suit haha) :) -
03-11-2010, 01:20 AMBrendanjKeeganRe: School Zone Speeding Ticket in Washington StateThat's completely understandable. Best to know before getting too involved.Quote:
Quoting crystal3434
You don't have to wait that long, it's just best because if you mail it right away, then you risk them filing it within 5 days and that puts one of your defenses in jeopardy. More on that later. If you wish, you could mail it right away, however, I would wait until the tenth day.Quote:
Quoting crystal3434
Although it is always advised that you go into the court to mail it, you can still send it by mail. However, if you send the discovery request by mail, makes sure to send it CRRR.Quote:
Quoting crystal3434
You can wait until you have a court date, however, it's best to get your discovery request in sooner. You can find your case number here. Enter your name and click search. Then it will list your case number. Make sure that the court with this case number matches the court on your ticket. Your ticket should also have the number somewhere on it.Quote:
Quoting crystal3434
Finally: It's okay if the legal system isn't your "strong suit." Because our "strong suit" is law, and with our help you won't have much to worry about. Remember, this site is here to help.
Brendan -
03-11-2010, 08:44 AMblewisRe: School Zone Speeding Ticket in Washington StateQuote:
Quoting BrendanjKeegan
That may not be true. What is the amount of your fine? The fine under RCW 46.61.400 for 26 in a 20 zone would be $124. If your fine was TWICE that (or close to twice), then the correct statute should have been RCW 46.61.440.
You will receive another copy (hopefully clearer) or your ticket when you receive your discovery materials. If you still believe it says .400, at your hearing move for dismissal for failure to specify the proper statute (see IRLJ 2.1 (b)(4)).
Barry -
03-11-2010, 11:37 AMBrendanjKeeganRe: School Zone Speeding Ticket in Washington State
Well, yes. If the officer cited you for $124, then he cited you correctly due to that statute. If he cited you for .400 and the fine is $248, then yes, motion for dismissal as Barry said.
Brendan -
03-11-2010, 04:44 PMcrystal3434Re: School Zone Speeding Ticket in Washington State
Well the fine on my ticket says 198 so almost double... Kinda sorta. Does that mean anything?