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  1. #1
    Join Date
    Jul 2012
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    Default Ticketed for Speeding After an Accident

    My question involves a traffic ticket from the state of: Washington

    Around 5:30 in the morning, my husband entered SR 509 North from S. 188th (heading east towards International Blvd). It was a curved entrance, and at the part where the road was straight, he lost control of the vehicle after it hit a patch of ice. The vehicle started sliding towards the right, and in order to avoid an abandoned truck that was parked on the side of the road, he steered the vehicle towards the left, which caused it to slip even more, jack knifing half way, and hitting the median strip (on the left). It was cold - about 35 degrees, but the weather was clear and the roads were not wet. It wasn't raining, and it didn't rain the night before. This route is his usual, daily commute.

    My husband moved his car to the right side, in front of the abandoned truck. Soon after, within 15 minutes, two other cars slipped on the same area and also hit the median strip where my husband's vehicle was.

    After an hour, while my husband was waiting for the AAA truck, a Washington State Patrol officer arrived and interviewed the two other people who got into the similar accident. The officer then came up to my husband and asked him for his drivers license and registration. After the officer made a comment about my husband hitting a patch of ice, the officer told my husband that he will be issued a citation and that he will receive it in the mail. The citation says "Speeding too fast for conditions" --- Statute Code 46.61.400. There was no speed listed.

    The accident happened within the city limits of Des Moines, but it's being handled in the District Court of Renton. The court date is on 3/1, so I haven't requested discovery.

    Here's a copy of the citation -- http://sdrv.ms/11SBezY

    Looking at the citation, can anyone see anything obvious that I can use for argument?

  2. #2
    Join Date
    Feb 2010
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    1,383

    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    Looking at the citation - no.

    Reading your story - yes. Unless the officer witnessed the accident, he cannot testify to the events that happened. The officer's statement can't be introduced in court unless he is quoting the defendant.

  3. #3
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    Jul 2012
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    Thank you for the response, Brendan.

    Another question - the accident happened in the city of Des Moines, but it's being handled at the District Court of Renton. Is there a ground for dismissal because of this?
    RULE 2.3 VENUE Except as otherwise specifically provided by statute, an infraction case shall be brought in the district court district or the municipality where the infraction occurred. If a notice of infraction is filed in a court which is not the proper venue, the notice shall be dismissed without prejudice on motion of either party.

  4. #4
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    KCDC Renton is a District Court where the infraction occurred. It could have been filed in Shoreline and still be within the proper venue. There's no argument there.

  5. #5
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    Quote Quoting BrendanjKeegan
    View Post
    Reading your story - yes. Unless the officer witnessed the accident, he cannot testify to the events that happened. The officer's statement can't be introduced in court unless he is quoting the defendant.
    And often he will be, even if the defendant doesn't realize a statement like, "I hit the ice and couldn't stop my car before causing the accident" implicitly admits driving at a speed too fast for the road conditions.

  6. #6
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    Jul 2012
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    Discovery papers ---We sent a discovery request for a list of witnesses and for the officer's notes.

    There were minor mistakes written on the ticket, such as incorrect zip code on the address, incorrect model and style of vehicle, and the time of accident was about 5:30am (not 6:57).

    The accident happened on the Northbound SR 509 - entrance ramp from 188th St. -- not Southbound 509 and not at the exit, as it says on the officer's notes. There were two other cars that were involved in a similar (but separate) accident at the same area around the same time.

    Since the officer was not present when the accident occurred, and he cannot testify to the event, then my husband can move to exclude the officer's statement as evidence --- then move for dismissal --- correct?

    Are there any other arguments? Would someone please help in wording the motion(s)?
    Thank you.




  7. #7
    Join Date
    Feb 2010
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    "Your honor, I move to suppress the officer's written statement under ER 802 as it is hearsay. The officer has not testified to having witnessed the events that took place nor has he testified to having personal knowledge. I subsequently move to dismiss the infraction for lack of evidence."

  8. #8
    Join Date
    Mar 2010
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    Snohomish, WA
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    Even if the judge disagrees and allows the statement, there still is no case. Not only did he NOT testify to having witnessed what happened, he did NOT identify the driver of "Vehicle number one". "Vehicle number one" could literally be ANY car on the road! Also, since "Vehicle number one" was observed by the officer to be on the Southbound SR509 EXIT RAMP, and your husband crashed into the Northbound SR509 ON RAMP guard rail, it could not possibly have been your husband's vehicle that he has identified.

    I just noticed something else! He states two different locations. Look at the NOI and the statement. They do not match for cross streets. 176th vs 188th! Also, how does one come up with such an exacting number such as "24.35" for the mile marker?

  9. #9
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    Jul 2012
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    Quote Quoting Speedy Gonzalez
    View Post
    Even if the judge disagrees and allows the statement, there still is no case. Not only did he NOT testify to having witnessed what happened, he did NOT identify the driver of "Vehicle number one". "Vehicle number one" could literally be ANY car on the road! Also, since "Vehicle number one" was observed by the officer to be on the Southbound SR509 EXIT RAMP, and your husband crashed into the Northbound SR509 ON RAMP guard rail, it could not possibly have been your husband's vehicle that he has identified.

    I just noticed something else! He states two different locations. Look at the NOI and the statement. They do not match for cross streets. 176th vs 188th! Also, how does one come up with such an exacting number such as "24.35" for the mile marker?
    Hello Speedy --- would you please let me know how to say the additional motions?

    Thanks for the help, Brendan and Speedy.

    - - - Updated - - -

    Quote Quoting atommyx
    View Post
    The accident happened on the Northbound SR 509 - entrance ramp from 188th St. -- not Southbound 509 and not at the exit, as it says on the officer's notes. There were two other cars that were involved in a similar (but separate) accident at the same area around the same time.

  10. #10
    Join Date
    Mar 2010
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    Snohomish, WA
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    Default Re: Ticketed for Speeding After Accident in Des Moines, Washington

    If you have to go beyond the motion Brendan posted, use this.

    "Your Honor, I ask that you enter a finding of not committed. The officer did not witness any of the events that took place and has in fact contradicted himself on the notice of infraction and his statement concerning the location of the incident. The officer has sworn to a yet unidentified vehicle having had an accident on the southbound EXIT ramp of the 509 at 188th street, yet identifies the cross street as 176th on the notice of infraction, which is north of 188th. Not only was I not at 176th street, I was not traveling southbound on the 509. I was in fact ENTERING the 509 on the northbound ramp. My route is 188th to the 509, which begins at 188th, and into Seattle. Therefore the officer's testimony concerning a vehicle on the southbound exit ramp of the 509 has no bearing on this case whatsoever, and the state has no evidence."

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