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  1. #1
    Join Date
    Sep 2007
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    10

    Default Speeding Ticket in Mt. Ranier National Park, and Federal Court

    Hi,

    Had a nice day ruined by a Park Ranger in MT Rainer National Park. In a nutshell - got clocked going 54 in a 35 going downhill from Sunrise.

    I was issued a traffic citation for a violation of 36CFR 4.21 (c). The notice to appear is for the Federal Court in Tacoma.

    Through my research tonight here and elsewhere I have learned that...

    36 CFR 4.21 which is the speeding regulation. The officer told me that the fine calculated on the ticket is based on Washington State law

    Additionally there is a regulation 36 CFR 4.2 which states that Washington laws apply.


    My question is how much do they apply? In other words can I get a deferal under RCW 46.63.070(5/6) in federal court? I have never been convicted of a moving violation prior to this in any state. Had this case been a State case I would almost definetly qualify for a deferal based on what I have read here.

    Is it possible to get the case heard in State court so that I could benefit from the Deferal Law?

    Additionally - Where would I find the rules for discovery motions, etc for Federal Court. Thanks to all the knowledgeable posters on this website.

    Thanks again,

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: WA State - Ticket in Mt Rainer National Park - Federal Court

    Quote Quoting igneousy
    View Post
    Hi,

    Had a nice day ruined by a Park Ranger in MT Rainer National Park. In a nutshell - got clocked going 54 in a 35 going downhill from Sunrise.

    I was issued a traffic citation for a violation of 36CFR 4.21 (c). The notice to appear is for the Federal Court in Tacoma.

    Through my research tonight here and elsewhere I have learned that...

    36 CFR 4.21 which is the speeding regulation. The officer told me that the fine calculated on the ticket is based on Washington State law

    Additionally there is a regulation 36 CFR 4.2 which states that Washington laws apply.
    Here is 36 CFR, read the applicable citation. I do not see a subsection (c) in 4.21?

    http://www.access.gpo.gov/nara/cfr/w...36cfr4_07.html


    My question is how much do they apply? In other words can I get a deferal under RCW 46.63.070(5/6) in federal court? I have never been convicted of a moving violation prior to this in any state. Had this case been a State case I would almost definetly qualify for a deferal based on what I have read here.

    Is it possible to get the case heard in State court so that I could benefit from the Deferal Law?
    All you can do is ask when you appear if the case is transferrable to state court.


    Additionally - Where would I find the rules for discovery motions, etc for Federal Court. Thanks to all the knowledgeable posters on this website.

    Thanks again,
    Federal rules of criminal procedure

    Your'e welcome. Hope I helped some.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: WA State - Ticket in Mt Rainer National Park - Federal Court

    Quote Quoting BOR
    View Post
    I do not see a subsection (c) in 4.21?

    http://www.access.gpo.gov/nara/cfr/w...36cfr4_07.html
    Hmmm. Maybe time to get the old glasses checked. Both the TXT and PDF version of 4.21 show (from your link):
    c) Operating a vehicle at a speed in excess of the speed limit is prohibited.
    Unfortunately, OP, 4.2 states:
    Unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by State law.
    In your case, since speeding is "specifically addressed", 36 CFR applies -- not state law. Besides, 4.2 only concerns "violations" not dispositions. However, call the Clerk of the Federal Court and ask about a deferral. They may have their own variation. And ask about driving school -- that may also be a Federal Court option.

    Good luck,
    Barry

  4. #4
    Join Date
    Aug 2007
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    3,835

    Default Re: WA State - Ticket in Mt Rainer National Park - Federal Court

    Quote Quoting blewis
    View Post

    snip


    Hmmm. Maybe time to get the old glasses checked. Both the TXT and PDF version of 4.21 show (from your linky)
    Not the old glasses, the old noggin. I quoted from 4.2 yet cited 4.21. I see now.


  5. #5
    Join Date
    Sep 2007
    Posts
    10

    Default Re: Speeding Ticket in Mt. Ranier National Park, and Federal Court

    Just wanted to update this thread with what ended up happening.

    Called the clerk - she was very clear that federal court did NOT have a deferal program. I tried to find a lawyer but all of the lawyers with the flat fee for traffic tickets would that I called did not handle cases in Federal court and when I did find one that would handle it I couldn't afford her as she would just charge me regular lawyer rates.

    In any case, I figured I wanted to delay this going on my record as long as possible so I got the arraignment rescheduled from December to January.

    The arraignment in January was very hectic so when I told the prosecutor my sob story (I have not had a speeding ticket in over 20 years of commercial driving, here is my abstract, this would have a very adverse effect on me, can we please change it to an equipment violation, or anything else) - he wasn't very interested. He said that if he just dropped my speeding ticket - he would have to renegotiate a plea with everyone else there. He gave me the standard offer of 50% of the fine for a guilty plea.

    I figured I didn't have anything to lose so I plead "not-guilty." At least there was a chance that the ranger wouldn't show up, or would not be able to recall details from the traffic stop.

    The trial was the first week in April. When I got to the courthouse I was disappointed to see a whole row full of park rangers that included the ranger that had given me the citation. There was A LOT less people at this proceeding then the last.

    I spoke with the prosecutor again - reiterating my previous pleas. This time he was MUCH more cooperative. He dropped the speeding charge in exchange for a parking violation with the fine being 100% of what it would have been for speeding. He collected the check from me, sealed the envelope, and said he would mail it in.

    I know the amount I am saving for my insurance premiums not going up far exceeds the extra I paid on the fine. I considered this a GREAT ending to this story.

    Thanks to all that helped with this on the site.

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket in Mt. Ranier National Park, and Federal Court

    Congratulations! A very reasonable outcome.

    Barry

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