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  1. #1
    Join Date
    Nov 2010
    Posts
    4

    Question How to Appeal a Speeding Ticket in Washington State

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

    I regret that I didn’t find this site before I lost my contested traffic infraction hearing.

    Showed up cold to the hearing, no officer subpoena, no discovery, no SMD cert etc.

    I am appealing it right now. I am about to file a brief but not sure if there are any legal authorities to cite; other than rehashing my original arguments, I am at a loss. I spent the money for the appeal because I am really upset for being wrongfully accused (maybe not too smart).

    I got a speeding ticket; 83 in a 70. From the spot where the trooper said I got lasered, I was pulled over 6 miles later, after I exited the freeway. The trooper pulls me over at the off ramp and starts asking off the wall questions such as “Why didn’t you signal to switch lanes right before exiting?” “Why did you exit?” “How many feet of distance do you need to allow to make lane changes?” I answered…. “I thought I signaled officer.” “I got off freeway to get gas.” But him repeating these questions over again frustrated me a bit; didn’t know what he was up to, he kept looking into the mini van too (wife and kids were in the van)…thought he was going to write me a ticket for changing lanes without signaling.

    After being argumentative a bit and saying “I always signal, officer” the trooper said “All right then, I am going to cite you for speeding.” This was a complete surprise to me. When asked where and when, he said mile post 221 by the overpass and that’s why it took a long time to catch up to me. Ugh! I wasn’t speeding! I was following traffic and may have gotten to maybe 75 but never 83. I haven’t had a speeding ticket for almost 30 years (since teen years). Two years ago though, I had one for going 30 in a school zone (20) and I used my deferment only because it was available; school was already in session then and no children were around. I guess the judge saw the deferment and found it tougher in giving me the benefit of the doubt. In any case, I believe the trooper made a mistake in identity or he was writing me a ticket just because he wanted to pick on me (really hope this isn’t the case).

    The judge started the hearing reading the officer’s affidavit then added that SMD test cert is on file & available then asked me if I was speeding. I said no and started with my argument saying that the officer got the wrong guy and I had some issues with circumstances that would favor my contention.

    Arguments were made like this (I know, amateurish):
    1. Mile post on the ticket was 221, officer didn’t pull me over until 6 miles/6 exits later (exit 227). When I saw him in the rear view mirror before I exited, he was weaving in and out of lanes looking like he was in a hurry going somewhere or catching up to someone. He didn’t have his police lights on. If he was trying to catch me from 6 miles ago, wouldn’t he have turned on his lights?
    2. The odd questioning after he pulled me over was strange.
    3. The time on the ticket was 3pm. From mile post 221 to 227 would take about 6 minutes (a big stretch of it was 60) and I pumped 14 gallons of gas a block away from the exit afterwards and I had a receipt showing that the time was 3:15pm when I finished pumping. I contended that pumping 14 gallons of gas a block away from where I was pulled over would have taken me at least 5 minutes. The time stated on the ticket did not mesh with the 3:15pm gas receipt because the officer would not have had anytime to pull me over, ask all them off the wall questions, write the ticket and release me.

    After I said all the above, he asked if I had anything else, I told him that I had the gas receipt, he said “no, I believe you.”

    The judge didn’t have much sympathy. He said that the officer was probably following me checking on my plate before deciding to pull me over. That’s why he didn’t turn his lights on. He said “as you saw, he was following you.” I corrected him saying I didn’t see him in my mirror until I was about to exit and that he was weaving in and out of lanes going somewhere in a hurry. (The judge thought I observed the officer following me for the whole 6 miles).

    The “preponderance of evidence” he said with Pro-Laser III SMD measuring my speed at 83 at a distance of 883.1 feet, was close enough that the officer mostly likely would have identified the right vehicle and would not have made a mistake.

    I asked him what about the time discrepancy? He said that he believes that there might have been some inaccuracies in time on the ticket but that happens he says. I asked him if that introduced reasonable doubt. He said if he was deciding on reasonable doubt then he would have sided with me but “preponderance of evidence” points to me committing the infraction. (I was really upset because if the officer couldn’t even get the time right, how can any other information be accurate on the ticket?)

    After I lost the hearing, I filed a notice of appeal requesting these documents/records:
    1. Citation
    2. Hearing finding
    3. Officer affidavit & any other evidence submitted by the officer

    When I got the records, I only got the Officer’s affidavit and no SMD cert. I read threads here talking about Bellevue v. Mociulski pointing out holes in SMD testing/cert. Should the SMD test/cert be part of what the officer submitted as evidence?

    On the cookie cutter officer affidavit, it says:

    “The laser unit was checked for calibration both internally and externally using a fixed distance of 150 feet and 175 feet, before and after the stop. The testing showed that the unit was properly calibrated, functioning properly and accurate. I have received training in the use of this and other laser units and am and experienced and qualified operator. I performed an operational check of the Laser SMD’s accuracy by the use of three tests: (1) internal self diagnostic test, (2) (scope) or (HUD aiming reticule) alignment test, and (3) (fixed distance zero velocity) or (range measurement) test at 150 and 175 feet both prior to the beginning of and at the end of my shift and found it to be in proper working order.”

    Anything wrong with above? The officer didn’t underline any of the “or” choices. I have only a few days to file the brief and I don’t have the SMD testing/cert. Am I entitled to that in an appeal if I didn’t ask to see it in the case that I lost?

    Any kind of pointers on how I should approach the appeal would be much appreciated.

  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    You're really getting into a lot here, and I recommend talking to a lawyer. I know of a guy that would help out a great deal, but as it stands, I don't think you have grounds for an appeal.

    There was no error in fact, other than the gas receipt, and that can't necessarily be proven. As for errors in law, there were none that I can see. You normally have to challenge during the hearing in order to have something like Bellevue V. Mociulski overturn the court's determination. As for errors in procedure, I don't see any, either.

    If you still are thinking about going through with the appeal: I recommend reading up on and familiarizing yourself with The Rules of Appellate Procedure for WA. Let me know if you need more info, or would like to talk to that lawyer. It seems like you're getting into something that is way beyond the scope of these forums, and if I were you in this case, I would not be appealing the decision.

    Edit: I don't mean to sound discouraging, but in all honesty: it looks like an uphill battle.

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

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    chances of winning an appeal: zero percent sorry, its just the way I see it

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

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    I agree with Brendan about your chances. However, he pointed you to the wrong rules. An appeal from a decision in a municipal or district court is governed by Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). RAP applies only to the Court of Appeals and Supreme Court cases.

    Barry

  5. #5
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    Well that was a dumb mistake. *facepalm*

  6. #6
    Join Date
    Nov 2010
    Posts
    4

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    Thank you guys for your help. Since I already paid the fee for appeal (along with record processing, was almost double the ticket that I had to also pay). (: I will submit a brief anyway just for the heck of it.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    I the OP did not know the standard for a conviction in the lower court? I doubt that the OP has a chance in the appeal. I don't see anything that would cause the result to be overturned.

    This is why I always suggest that defendants perform an investigation that is allowed under discovery rules.

  8. #8

    Default Re: How to Appeal a Speeding Ticket in Washington State - Lost Hearing

    I wonder how it turned out... ?

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