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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default Speeding Ticket With No Posted Speed Limit Signs, RCW 46.61.400

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

    I got a speeding ticket that says I violated 46.61.400, which is copied and pasted below:

    (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

    (2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

    (a) Twenty-five miles per hour on city and town streets;

    (b) Fifty miles per hour on county roads;

    (c) Sixty miles per hour on state highways.

    The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.

    (3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.


    [1965 ex.s. c 155 § 54; 1963 c 16 § 1. Formerly RCW 46.48.011.]



    I was allegedly traveling 61 mph on a highway. Between when I got on the highway and when I was clocked/pulled over, there were no Speed Limit signs, but apparently the speed limit was 50. It was sunny, clear, and traffic was light. I was clocked coming up behind the police officer, who was behind another car. There may or may not have been another car in front of that one, but those were the only cars in the two-lane highway nearby. (To clarify, by two-lane, I mean one lane going south, one lane going north, no passing lanes.)

    Could I take this to traffic court and get the case dismissed, especially if I offer to go take a drivers ed class in reparation for my mistake?
    Also, I've been advised to meet with the police officer who wrote the ticket, because he might be able to dismiss the ticket without needing to go to court. Is this true/a good idea?

    Keep in mind that I currently have a deferred traffic ticket on my record, and I really need to get this ticket dismissed so I don't have to pay for both tickets and get them both noted on my record.

    Thanks for the speedy replies!

  2. #2
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Washington 46.61.400 Speeding Ticket

    Quote Quoting michelleb
    View Post
    Could I take this to traffic court and get the case dismissed, especially if I offer to go take a drivers ed class in reparation for my mistake?
    Offering to take a driver's ed class will have nothing to do with a "dismissal". It may help reduce the fine. However, very few jurisdictions in WA permit "traffic school" in lieu of a "guilty" verdict.

    Quote Quoting michelleb
    View Post
    Also, I've been advised to meet with the police officer who wrote the ticket, because he might be able to dismiss the ticket without needing to go to court. Is this true/a good idea?
    Once a ticket has been issued, a police officer would be violating the law to even TRY to get the ticket "dismissed" without a hearing.

    If you want to even have a chance for a dismissal, read through this thread. Contest the ticket, submit a "discovery request", and see what the evidence against you looks like. Post it to a service such as PhotoBucket and post a link here. The WA experts (if any still remain) might be able to help.

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