Red Light Ticket

[colemac65]

Alright folks....yep its true, i got nabbed! so for educational purposes, i am going to post the info regarding my case so we can have some informed input on these pesky little buggers!!!

I ran the red light at a major intersection in king county...in a municipality to be exact...THIS IS A RED LIGHT CAMERA INFRACTION

its a standard photo enforcement notice of infraction.......i clearly ran the light....now i know some of you will say just pay it....but i like the opportunity to educate myself and others...so i am going to fight it!!

the officer has issued this statement and complied with the requirements of rcw 9a.72.085.......HOWEVER....he has typed his name and not signed it....so i plan on making the argument that it is a "electronically filed notice of infraction which is allowed given that it complies with GR 30. So with that said....GR 30 states that

(D) Arresting or citing officer signatures on citations and notices of
infraction filed electronically in courts of limited jurisdiction - A
citation or notice of infraction initiated by an arresting or citing
officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ
2.1 and 2.2 is presumed to have been signed when the arresting or citing
officer uses his or her user id and password to electronically file the
citation or notice of infraction.

However as we have seen on notice of infraction for speeding tickets etc...the state and municipalities make a statement that says.....and "i have entered my user id and password to authenticate this electronic signature"

But no where on my notice of infraction does the officer make that statement.... he writes...

I certify under the penalty of perjury under the laws of the state of washington that the forgoing is true and correct....he types his name,, badge number and dates and locations it....

I think i have a home run here since he has not complied with the requirements of an electronic signature under GR 30 and will make this motion accordingly.........also...no prosecutor will be present....i called and confirmed

Thoughts and or advice please.......GRACIAS!

[That Guy]

Alright folks....yep its true, i got nabbed! so for educational purposes, i am going to post the info regarding my case so we can have some informed input on these pesky little buggers!!!

I ran the red light at a major intersection in king county...in a municipality to be exact...THIS IS A RED LIGHT CAMERA INFRACTION

its a standard photo enforcement notice of infraction.......i clearly ran the light....now i know some of you will say just pay it....but i like the opportunity to educate myself and others...so i am going to fight it!!

the officer has issued this statement and complied with the requirements of rcw 9a.72.085.......HOWEVER....he has typed his name and not signed it....so i plan on making the argument that it is a "electronically filed notice of infraction which is allowed given that it complies with GR 30. So with that said....GR 30 states that

(D) Arresting or citing officer signatures on citations and notices of
infraction filed electronically in courts of limited jurisdiction - A
citation or notice of infraction initiated by an arresting or citing
officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ
2.1 and 2.2 is presumed to have been signed when the arresting or citing
officer uses his or her user id and password to electronically file the
citation or notice of infraction.

However as we have seen on notice of infraction for speeding tickets etc...the state and municipalities make a statement that says.....and "i have entered my user id and password to authenticate this electronic signature"

But no where on my notice of infraction does the officer make that statement.... he writes...

I certify under the penalty of perjury under the laws of the state of washington that the forgoing is true and correct....he types his name,, badge number and dates and locations it....

I think i have a home run here since he has not complied with the requirements of an electronic signature under GR 30 and will make this motion accordingly.........also...no prosecutor will be present....i called and confirmed

Thoughts and or advice please.......GRACIAS!

Non-Wash Opinion... LOL

To quote you from another thread, "Epic fail!!!!". I think you're stretching colemac... You should stick to fighting speeding citations...

The way I interpret that "uses his or her user id and password to electronically file the citation or notice of infraction" does not necessarily mean that he should type or make mention of that information on the form... Is it possible that it could mean that he only needs to use his user ID and password to log on to the system after which he can file the citation or NOI?

By your interpretation and since it says "... user id and password...", he is, therefore required to also type his "password" on the form as well.

Why in God's name would he have to reveal his password?

[colemac65]

lol!!! I KNEW I WAS ASKING FOR IT!!

i am not saying he has to reveal his user name or password......

our photo infractions are on a different form than what is used for most standard infractions that are delivered at the time of the infraction by an officer. and on that form the officers make the statement.....when it is electronically issued have a statement in the affirmation statement that reads and since this is being filed electronically i have entered my user name and password to authenticate its original" and that lacks on mine....it doesnt comply...

[BrendanjKeegan]

I am actually going to agree with That Guy here, even though he delivers a non-wash opinion.

I think Barry stated on a previous forum in a somewhat similar situation that if it doesn't say it needs to be included and the officer includes it he is only doing that to cover-his-arse. IMHO an places that statement on the infraction for general reference.

But who knows, you may actually have a point there. I would like to see how a judge would rule on this.

On another note, I noticed that you weren't even charged. What RCW or WAC are you charged with violating? I don't see this anywhere on the site that you sent to me. Is it on the "notice of violation?" Hmm... fishy...

Brendan

[colemac65]

ya it wont show up there....cause its considered a "parking ticket" LOL!

AND DAMMIT, WELL I AM GONNA MAKE THE ARGUMENT!!! i WILL BEAT THIS!!!! lol....why is it that i get stuck with a hard one!!!!!! lol

[BrendanjKeegan]

Wait, what? What won't show up there?

Haha. I know the feeling. Maybe someone's out to get us all?

And it's definitely worth the fight because there's no way it goes on the driving record.

[colemac65]

ya i dont believe "parking infractions" appear on that site.....
And TRUST ME! i have no problem paying the ticket, but im not going down swinging!!!! i do mortgage for a living, so i have plenty of free time :-)

[lurkertom]

Just send them a picture of your fine money...that should suffice no?

[BrendanjKeegan]

Hahaha. Then they send you a picture of handcuffs...

[lurkertom]

Kidding aside...there was an attorney in Portland whe beat his red light camera rap by somehow decoding the stamp on the photo. It showed that he entered the intersection after the light had turned green.