Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2014
    Posts
    6

    Default Speeding Ticket Based on Vistual Estimation, No Speed Indicated on the Ticket

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

    Hi all, thanks in advance for your help.

    Last night around 11pm I got a speeding ticket in a 25mph zone. The road that I was on is only about 100-150 yards long. I was at a stop light going straight. When the light turned green, I accelerated quickly but then let off and coasted to the stop sign ahead. I turned right and about 50 yards down I saw the cop round the previous corner to come pull me over. He first asked if there was a reason for me driving quickly. I said no and that I wasn't speeding. He said I was and asked for license/registration/insurance. When he came back he handed me a ticket with RCW 46.61.400. There was no speed indicated on the ticket. I asked him how fast I was going and he said probably 35-40. He visually estimated my speed.

    I understand that some cops are able to estimate speed fairly accurately (within 5 mph or so). But with such a short distance and at night wouldn't it be harder to be that accurate? Is there a minimum distance they need to be able to visually estimate?

    Also an adjacent road I was on had a 30mph speed limit that is visible from the road I was cited for speeding on. I assume I can't use that to say the speed for the 25mph road is confusing because the adjacent roads are all 30. The law states that all town/city roads are 25 unless otherwise posted.

    Thanks again. Let me know if there's any other information I can provide.

  2. #2
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Speeding Ticket Based on Vistual Estimation, No Speed Indicated on the Ticket

    All he has to prove is that you were over 25, whether your actual speed was 31 or 51.

    If it was that obvious that you were over 25 to him, you were probably quite a bit over 25 - meaning he can not only establish that, but can also establish that the speed was unreasonable.

  3. #3

    Default Re: Speeding Ticket Based on Vistual Estimation, No Speed Indicated on the Ticket

    Quote Quoting roobed
    View Post
    Thanks again. Let me know if there's any other information I can provide.
    Please post your discovery materials when you get them, it sounds like this will probably be relatively easy to get dismissed but until we have the officer's affidavit of speed and other documents it would be pointless to advise you.

    This sounds somewhat similar to my current speeding ticket I am fighting, I wonder if it might be the same officer. I have found almost exact carbon copies of my speeding tickets that other forum members have gotten on here by the same officers before.

    ~Spike~

  4. #4
    Join Date
    Jul 2014
    Posts
    6

    Default Re: Speeding Ticket Based on Vistual Estimation, No Speed Indicated on the Ticket

    Should I file the ticket to contest it immediately or wait a couple of days? And when can I file for discovery? Is it only after I have a court date? I think I read somewhere to file for discovery a day or two before the 14 day deadline so there's less time for them to produce the files. Is that correct?

    Btw, I got the ticket from a cop with the last name Bayler.

  5. #5

    Default Re: Speeding Ticket Based on Vistual Estimation, No Speed Indicated on the Ticket

    Not the same one though I think I have talked to a Bayler about a different matter. Personally I mail in my contested citation soon after I get it so that if I don't receive a court date in the mail after a few days I don't have to worry about missing any deadlines. When it comes to discovery I always personally walk it into the prosecutors office, get it stamped and ask for a copy and file with the court the day before the deadline. Usually I get the discovery materials back in 2-3 days but when I went to the Federal Way Municipal Prosecutors office I handed them my discovery request and they said to wait a minute and handed me my discovery materials so it will depend on where you are filing.

    ~Spike~

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Defending a Speeding Ticket Based on Speed of Traffic
    By anon4 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 03-21-2014, 12:24 PM
  2. Speeding Tickets: Speeding Ticket 85 in a 65 "Visual Estimation"
    By Seanavan in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-03-2011, 04:40 AM
  3. Speeding Tickets: CHP Issued Ticket Based on Estimeated Speed
    By GloveDoesNotFit in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-30-2009, 09:36 PM
  4. Speeding Tickets: Speeding Ticket From Only a Visual Estimation, in Arizona
    By lanman in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-09-2007, 11:28 PM
  5. Speeding Tickets: Speeding ticket based upon estimated speed
    By Scott987656 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 10-27-2005, 12:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources