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  1. #1
    Join Date
    Jul 2012
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    23

    Default Photo Radar Ticket for Speeding in a School Zone

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

    We received a photo / camera ticket in the mail sometime in January - Speeding in School Zone - RCW 46.61.440, with a fine of $250. The location was Woodmont Elementary at 264th Place (Des Moines). The vehicle is registered in my husband's name, however, he was not the one driving the vehicle when the violation occured. My husband submitted the Declaration of Non-Responsibility with a personal statement, without divulging the driver's info. We then received a response from the Court stating that "the registered owner is responsible for vehicle violations. ..." with the fine reduced to $150.

    What is our recourse? Can we do anything else?

    FYI:
    The speed limit before the (abrupt) 20mph school zone is 35mph. The 20mph school zone is about 500 feet, then the speed limit goes back to 35mph. In the afternoon, the speed camera operates from 2:40pm-3:10pm. The violation time was 2:41pm -- There were no children present.
    Des Moines is notorious for getting a big chunk of their revenue from traffic infraction fees.
    http://www.desmoinesmail.com/webpdf/...diaRelease.pdf

    Photo ticket and Declaration of Non-Responsibility (PDF): http://sdrv.ms/W0thGC

    Response from Court (see below): http://sdrv.ms/UpLMYI





  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    They're stating that this is no different from a parking ticket - the fine attaches to the vehicle and is payable by the owner, even if somebody else was entrusted with the vehicle at the time of the offense. The plus side is that the only penalty is the fine.

  3. #3
    Join Date
    Sep 2009
    Posts
    107

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    Unfortunately no, this ticket was contested by mail and in Washington there is no appeal when contested by mail. I personally believe it is unjust not to be able to appeal this, however given the ticket is only $150 even if you could appeal it probably wouldn't be worth the time and effort anyway.


    http://www.courts.wa.gov/court_rules...eid=cljirlj3.5

    See IRLJ 3.5 (a)
    (4) No Appeal Permitted. There shall be no appeal from a
    decision on written statements.
    Sorry

  4. #4
    Join Date
    Jul 2012
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    23

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    Quote Quoting jjb
    View Post
    Unfortunately no, this ticket was contested by mail and in Washington there is no appeal when contested by mail. ...
    The choices on the "Hearing/Coupon" form was confusing. There were five choices, and we didn't choose the "Contested by Mail Hearing" --- we chose the box that said "Declaration of Non-Responsibility." If filling out the "Declaration of Non-Responsibility" was the same as requesting a "Contested by Mail Hearing," then the "Declaration.." box should have been nested under the "Contested by Mail Hearing" box. We didn't fill out the "Statement of Declaration for Hearing by Mail" and we didn't check the box for the contested by mail.

    Can we call the Court to explain the confusion, and then request a "Mitigation Hearing (In Person)" ?




    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    They're stating that this is no different from a parking ticket - the fine attaches to the vehicle and is payable by the owner, even if somebody else was entrusted with the vehicle at the time of the offense. The plus side is that the only penalty is the fine.
    Yes, it's very clear that what they're saying is that the fine attached to the vehicle is payable by the owner regardless of who was driving. Does this ruling nullify the "Declaration of Non-Responsibility" ? Does that mean that everyone who receives a camera/photo ticket in the City of Des Moines will have to pay the fine?
    http://apps.leg.wa.gov/rcw/default.aspx?cite=46.63.075
    RCW 46.63.075
    Safety camera infractions — Presumption.
    (2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.
    According to this: http://www.desmoinesmail.com/webpdf/...diaRelease.pdf
    I’ve received a Notice of Infraction. What are my options?
    There are several options:
    1) Pay the penalty.
    2) Request a mitigation hearing to explain the circumstances.
    3) Request a hearing to contest the Notice of Infraction.
    4) Submit a Declaration of Non-responsibility.
    and

    What if I was not driving the offending vehicle during the time of the violation?
    You can submit a Declaration of Non-Responsibility however you will still be required to appear
    in court to give a statement under oath. Instructions are included on your Notice of Infraction.
    The document clearly states the options, and we chose #4. It further states that filling out the "Declaration" should require a court appearance, which we never got the chance to. Do we have further argument?
    TIA

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    Someone at the court is playing games and walking a razor thin line bordering on criminal behavior. Your husband overcame the presumption that the registered owner was the driver, therefore the case MUST be dismissed. The court CANNOT legally force him to divulge who that driver was, nor do they have any authority to impose ANY FINE.

    $50 says this happens to every mailed affidavit. You might even call Jesse Jones and report this to get the ball rolling in the media.

    http://apps.leg.wa.gov/rcw/default.aspx?cite=46.63.075

  6. #6
    Join Date
    Sep 2009
    Posts
    107

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    You make a good point, I'd call the court and request a CONTESTED hearing (not mitigation), you never know they might just grant one.

    Speedy, I'd be highly surprised if you were wrong.

  7. #7
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    Since it states that this requires an appearance, you should find out from the court if they ever attempted to notify you of the hearing date. This sounds to me like a definite candidate for having the finding set aside and being granted a contested hearing. They may have found it committed by default due to a screw up in notifying you.

  8. #8
    Join Date
    Jul 2012
    Posts
    23

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    Thank you. jjb and Speedy. I will have my husband call the court or have him write a letter.

  9. #9
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Photo Radar Ticket for Speeding in a School Zone

    I agree with Speedy & jjb. The handwritten court response contains blatant lies, and the signature is conveniently not legible. If your husband can't get the finding set aside, perhaps he should even consider filing a complaint with the Washington Commission On Judicial Conduct. http://www.cjc.state.wa.us/publicati...orm%203-03.pdf

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