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  1. #1
    Join Date
    Jun 2010
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    4

    Default Washington Speeding Ticket Not Filled Out Properly

    My question involves a speeding ticket from the State of: WA

    I received a citation for going 45 in a 35 in unincorporated King County on June 2. The copy of the infraction that I was given appears to have three problems:

    • No penalty is indicated in the penalty box
    • The Date Issued box has something illegible in it (appears line -1.0), but it is not a date.
    • The Violation lists RCW46.61.400 with no subsection.


    How strong of a defense based on these three problems?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
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    3,577

    Default Re: Wa Speeding Ticket Not Filled Out Properly

    How strong? Not very, in my opinion.

    You could argue that the lack of a penalty amount violates RCW 46.63.060 (2)(d). You might try to argue that the lack of this penalty, effectively, deprived you of the right to simply plead guilty and send in a check as required under RCW 46.63.070 (2) if you do not wish to contest the ticket. If don't know how far that will get you.

    The "date issued" is nowhere near as important as the "violation date". If the "violation date" had been illegible, and there was no mention of the date on the officer's sworn statement, you'd have a good argument. Otherwise, I don't think it's important.

    The subsection argument has some support here. It works sometimes (see this thread) and sometimes doesn't (see this thread). It all depends on the judge and how well you present it.

    Have you submitted your discovery request yet? If not, I'd highly recommend doing that. There's a reasonable chance that there will be something in the officer's sworn statement you can use.

    Barry

  3. #3
    Join Date
    Jun 2010
    Posts
    4

    Default Re: Wa Speeding Ticket Not Filled Out Properly

    Thanks. Haven't pursued discovery yet, but intend to.

    Argument of no date would be that the instructions require you to respond 15 days from date issued and notice must give instructions on alternatives - much like the lack of penalty. In addition, IRLJ 2.1 (b) (4) indicates date of infraction is required.

    I'll follow the threads on missing subsection and pursue discovery.

    Thanks,

  4. #4
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Wa Speeding Ticket Not Filled Out Properly

    I'm not here to argue. It's YOUR case. Feel free to present ANY defense you deem appropriate. However, I leave you with these final thoughts:

    Quote Quoting ChuckH
    View Post
    Argument of no date would be that the instructions require you to respond 15 days from date issued and notice must give instructions on alternatives - much like the lack of penalty.

    That MIGHT be reason to set aside a default judgment of "failure to respond", should you not return the citation within the 15 days. However, I wouldn't even count on that. See the last sentence below....

    Quote Quoting ChuckH
    View Post
    In addition, IRLJ 2.1 (b) (4) indicates date of infraction is required.

    That's true, but IRLJ 3.1 (d) states:

    Quote Quoting IRLJ 3.1
    (d) Sufficiency. No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects or imperfections which do not tend to prejudice substantial rights of the defendant.

    I don't know how you could prove that the lack of a "date issued" has prejudiced your "substantial rights". Plus, since the officer HANDED you the citation, the judge will further assume that you KNEW the date -- it MIGHT be different had the citation been mailed.

    Good luck,
    Barry

  5. #5
    Join Date
    Jun 2010
    Posts
    4

    Default Re: Wa Speeding Ticket Not Filled Out Properly

    Thanks again. No intention of arguing. I appreciate the input. I'm pursuing the officer's affidavit. We'll see what that brings in terms of opportunities.

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