Washington Speeding Ticket Via Aircraft - Out of State Driver
My question involves a speeding ticket from the State of: Washington
Hi - I received a $206 ticket for going 92 in a 70mph zone in Cle Elum (Upper Kittitas County). I was driving a rental car and am licensed in MA. The officer stated I was clocked by aircraft a few times, with a top speed of 92. I had my cruise set above the posted speed limit (around 78ish) and did speed up when passing tractor trailers, but don't really think I approached 92. I read the threads dealing with deferral, but didn't see anything specific to aircraft- clocked situations.
What are my options here - I can't be present in court to contest. Is it worth contesting or trying to get a reduction / deferral? I do admit I was speeding, but don't think I was going quite that fast.
Thanks.
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Did you read through this thread? It contains information that you asked about. Also, post #5 contains information about a "Decision on Written Statements", which is what you're probably going to have to do.
Barry
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Thanks Barry - I had not read through that one. Is there a general consensus of how reliable aircraft-derived speed estimations are, or any caveats with how they clock speed to be aware of?
Thanks again.
One more question - since the ticket was written out for doing 92 in a 70, and I don't believe I was doing 92 (but I was travelling faster than the posted limit), should I file for a contested hearing rather than a mitigation hearing? Can the court impose additional fines / fees above and beyond the orig. $206 if I "lose" the case? Luckily for me, lower Kittitas Cty (I was wrong about the court in the post above) does allow mitigation & contested hearings by mail & e-mail.
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Actually, there is a VERY good case concerning aircraft tickets in WA. It's STATE v. SMITH, 87 Wn. App. 345, 941 P.2d 725 (1997). Read through it. If you have any questions about it, please ask.
So, here is what I would do if I were you:
1) Contact the court to see if a DWS is available. If not, and you're still in the area, go to the courthouse and ask the clerk if you can see the judge. You'll want to explain to the judge that you're from MA and that you won't be here for your hearing. Ask the judge for a deferral, if possible. That way, you pay a fee (usually around $150), but the infraction won't be reported to your home state.
If you're no longer in the area, you might as well just pay the ticket -- otherwise WA will revoke your right to drive in this state and notify MA, who will revoke your license there.
2) If a DWS is available, reply to the ticket requesting a "contested" hearing.
3) Submit a discovery request.
4) Go through the discovery materials, making sure everything complies with Smith.
5) If everything looks OK, you can still request a deferral in your written statement.
6) If you find a problem, error, discrepancy, etc., write it up in your DWS. Be sure you follow the local rules for a DWS (time limits, format, etc).
Anyway, good luck,
Barry
Oh, and there are NO additional fees for contesting. But, "I was speeding, just not THAT fast" is NOT a defense -- it's mitigating at best.
Here's another thread regarding aircraft.
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Great - thanks so much for the advice. Luckily for me, lower Kittitas Cty (I was wrong about the court in the post above) does allow mitigation & contested hearings by mail & e-mail.
In your opinion, would I stand less of a chance of being granted a deferral if I first requested a contested hearign & submitted a discovery request? According to their website, Lower Kittitas Cty does require driving "school" as part of deferral (along with $175), so I hope I can do that online if it comes to that.
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
I cannot predict what the chances of a deferral are. But, at least according to law (see RCW 46.63.070 (5)), it should NOT make a difference whether you request a contested or a mitigation hearing. However, every judge in every court is different -- and a deferral is STRICTLY up to the judge.
You might want to inquire about the traffic school and whether it can be done online, or at least in MA (assuming you're not going to be here to complete it).
But, other options can be decided later (you can always change your plea to "mitigation"). After you receive your discovery materials, scan them and post them so we can take a look (remove any personally identifying info). In our experience, there have been VERY FEW tickets that are "perfect". I'd say about 10% - 20% at most. The rest have something that you can use to get a dismissal -- provided you present it properly.
Barry
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Awesome - this has already been super helpful. I'll keep you posted.
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
I am ready to file for discovery and have a question. I am using the downloaded form and am wondering what info I should request in discovery. The form lists:
1. A list of the witnesses the plaintiff intends to call at the hearing.
2. A copy of the citing officer's sworn statement.
3. (If radar/lidar was used) Calibration and certification log for the SMD used on ___(date)_____ in issuance of Citation #___________, if not on file with the court pursuant to IRLJ 6.6(d).
I know # 3 isn't really applicable, so should I ask for ASTM marking calibrations, stop watch calibrations, etc (and what are the etc's)?
Thanks!!
I'll post the materials once I get them back from the prosecutor.
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Personally, I would NOT request those things -- just leave off #3. Most likely, those things will be included anyway. If, however, those items are NOT provided to you ahead of time, move to suppress them -- as you weren't informed ahead of time, allowing you to prepare a defense.
Barry
Re: Washington Speeding Ticket Via Aircraft - Out of State Driver
Here's one for you: I called the court and they said they don't currently have a prosecuting authority that handles citations - they're working on implementing that in the future. The clerk I spoke to told me to fax the request for discovery to the court and they would take care of it. I did so on May 17th, with a letter (accompanying the official request) explaining what I was told and if it was in error to contact me. I have not heard anything (as of today it is 21 days before my hearing).