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  1. #1

    Default Wrong Location on Speeding Ticket - Speed Limit is Different Than Speed on Citation

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

    I received a speeding ticket (statute 46.61.400) in the city of College Place for 35 in a 25 zone. The officer wrote down the location (SE Larch) where he pulled me over, not where he said the offense occurred. The speed at the location the officer wrote on the citation is 30 mph. Is this enough to get the ticket dismissed? If yes, how should I proceed in court? If it is not enough for a dismissal, what do you think the chances are of mitigating this to a non-traffic infraction?

    Thanks in advance for any help you can give me.

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

    Default Re: Wrong Location on Speeding Ticket - Speed Limit is Different Than Speed on Citati

    First of all, you cannot mitigate "this to a non-traffic infraction". If you request a mitigation hearing, you are pleading GUILTY to the infraction. It WILL go on your record! However, the fine will -- most likely -- be reduced. If I were you, I'd plead "not guilty" by requesting a contested hearing, file and serve a Discovery Request, and see what the officer wrote in his "sworn statement" (it may give the ACTUAL location of the infraction). Then, after you know the evidence against you, decide whether or not to contest, mitigate or defer. This thread will give you the information you need on how to proceed.

    Barry

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Wrong Location on Speeding Ticket - Speed Limit is Different Than Speed on Citati

    I would also start an "investigation" as the WA traffic court rules allow. Then when they hinder your investigation you motion for dismissal due to the state violating the court rule.

  4. #4

    Default Re: Wrong Location on Speeding Ticket - Speed Limit is Different Than Speed on Citati

    I asked for a contested hearing. The citation was filed with the court the day after it was issued. There are no notes on the back of the citation, so no sworn statement. The hearing is scheduled for 10 days from the day the notice was postmarked. How do I file a motion for a speedy hearing date? And, is it still a motion for a speedy hearing date if the date is earlier than specified in IRLJ 2.6 (a) (1) (i)?

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Wrong Location on Speeding Ticket - Speed Limit is Different Than Speed on Citati

    Are you saying that you requested and received "discovery" and that there is no sworn statement in the discovery materials? And, yes, it is still a speedy hearing motion.

    Barry

  6. #6

    Default Re: Wrong Location on Speeding Ticket - Speed Limit is Different Than Speed on Citati

    I did request and receive "discovery" and there is no sworn statement. I asked the court clerk and she said that it was not required. I'm confused because I thought they had to submit a sworn statement.

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