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  1. #1
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    Default Speeding Ticket in King County, Washington

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

    I got pulled over by State Patrol in King county off highway 522 in Woodinville, WA.

    The officer said I was going 68 but wrote that I was going 60 MPH in a 55 MPH zone. The speed limit on this road is in fact 60 MPH, I drive it everyday. Does it matter that he wrote down the wrong speed limit? He also wrote that we were in Snohomish county when we were in King county, does that make a difference?

    I know I wasn't speeding as I am very careful cause I have a lifted truck that sticks out to officers. There was a truck in the lane next to me (closest to the officer) and in front of me (I would have been at the back bumper of the other truck) that he had to have clocked before me.

    I checked the box on the back of the ticket to contest it. I plan on requesting discovery but I was also thinking about subpoenaing the officer. How do I subpoena an officer? Is there a format (similar to the discovery) that I can use?

    Please help!!

    Thank you.

  2. #2
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    Default Re: Speeding Ticket in King County, Washington

    Correct, no expungements of convictions in VA and pardons are not routine.

  3. #3
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    Default Re: Speeding Ticket in King County, Washington

    Quote Quoting tmiles22
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    I checked the box on the back of the ticket to contest it. I plan on requesting discovery but I was also thinking about subpoenaing the officer. How do I subpoena an officer? Is there a format (similar to the discovery) that I can use?.
    Unless you have a death wish, I HIGHLY recommend against subpoenas. Any type of subpoena in a traffic court looks simply ridiculous.

    Furthermore, when you subpoena someone on the prosecution's side of the case you require a prosecutor to be there. At that point, the prosecutor will notice the error and will amend the ticket. (See IRLJ 3.1(c))

    If you can prove to the judge that the officer wrote down the wrong speed limit, which is a challenge in itself, then you are acquitted. Focus on that aspect of the story, rather than worrying about subpoena paperwork.

    Additionally, you may have an even better defense if he has the wrong court for the infraction. Try and post the NOI. Get rid of information such as your name, address, and phone number. Maybe even license number.

    Finally, Yes, request discovery.

  4. #4
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    Default Re: Speeding Ticket in King County, Washington

    Thank you for the reply. I'm new at this whole traffic stuff....
    If I subpoena the officer and he doesn't show don't they have to dismiss my ticket? My only thought was that an officer is not going to waste his time on a ticket for 5MPH over, maybe I'm wrong.

    So its wrote on the ticket that I was going 60 (68 is written below) in a 55. If I can prove that the speed limit is in fact 60, can the judge or prosecutor change my ticket to 68 in a 60?

  5. #5
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    Default Re: Speeding Ticket in King County, Washington

    NO. This is a common misconception. In the State of Washington, court rules enable the officer to write a statement and have it admitted into evidence so that s/he does not need to show up and testify. If the officer doesn’t write a statement, then the ticket can be used as evidence. It's up to you to challenge that evidence.

    Yes. They can amend the ticket. However, the chances of there being a prosecutor are very low, in certain courts. Post up the NOI and we'll be able to tell you if there is a prosecutor for that jurisdiction.

    If there is no prosecutor, the judge may argue that you were actually going 68 and should be charged for 68 in a 60. However, the judge cannot rule on this and declare you guilty unless the prosecution makes an amendment to the ticket. In other words, if the prosecutor is not there, and you can prove that the speed limit is 60, then you go free.

    Make sense?

  6. #6
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    Default Re: Speeding Ticket in King County, Washington

    Makes sense, I'm learning... slowly but surely.

    I don’t have a way to post the NOI. However I just got my notice for my hearing and it's in Snohomish County district court in Monroe. Does that help you to tell if there is a prosecutor for that jurisdiction?

  7. #7
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    Default Re: Speeding Ticket in King County, Washington

    Quote Quoting BrendanjKeegan
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    If the officer doesn’t write a statement, then the ticket can be used as evidence.
    I don't believe that's true. If it were, then suppressing the officer's statement would NOT be an immediate dismissal due to lack of evidence -- if you're correct, the NOI would STILL be in evidence. In addition, IRLJ 3.3 (c) states:

    Quote Quoting IRLJ 3.3 (c)
    The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing....
    In statutory construction the contraction "AND" requires BOTH considerations -- the NOI and the officer's statement. There is NO provision for the court to consider ONLY the NOI in lieu of the officer's personal appearance.

    Barry

  8. #8
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    Default Re: Speeding Ticket in King County, Washington

    Barry: I agree. Which is why I stated "It's up to you to challenge that evidence." I guess I should have been more clear.

    The court will try and say that they have evidence against you if they have just a ticket. It's up to you to make that motion for lack of foundation. Sorry for not making that clear.

    OP: Okay, and where were you cited?

  9. #9
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    Default Re: Speeding Ticket in King County, Washington

    I was cited on Hwy 522 at mile post 17, by woodinville. I thought this was King county but I could be wrong. The officer wrote it was in Snohomish County..

  10. #10
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    Default Re: Speeding Ticket in King County, Washington

    Quote Quoting tmiles22
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    I was cited on Hwy 522 at mile post 17, by woodinville. I thought this was King county but I could be wrong. The officer wrote it was in Snohomish County..
    I'm not sure where exactly MP 17 is, but if it's past the intersection of Highway 9 and 522, then it is definitely in Snohomish County.

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