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  1. #1
    Join Date
    Aug 2014
    Posts
    4

    Lightbulb Ticketed for Speeding on My Way to Work

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

    Hello. I know I am not supposed to speed and I understand I should pay the consequences. I am new to this forum and I was told this is great place to look for advice on how to contest tickets.

    This isn't my first traffic ticket, but this is my first time trying to fight it in court (wish me luck). I drive really well usually (just one of them days...).










    Anyone who can tell me what to say, do, how to read any errors on the ticket, etc... I would be eternally grateful.

    Thanks all!

    FS

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Speeding on My Way to Work

    55 in a 35.

    You're toast.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Speeding on My Way to Work

    The only thing I see is that the officer does not state when the SMD was tested, only that it was tested. The WA experts may see more.

  4. #4
    Join Date
    Aug 2014
    Posts
    4

    Default Re: Speeding on My Way to Work

    Thank you, but I've been doing a little research.
    But does it matter if the officer didn't write down whether the SMD was in staionary or moving mode?

  5. #5
    Join Date
    Aug 2014
    Posts
    1

    Default Re: Speeding on My Way to Work


  6. #6
    Join Date
    Aug 2014
    Posts
    4

    Default Re: Speeding on My Way to Work

    In addition, I have a CDL (commercial driver's license)

    - - - Updated - - -

    So... no dice?

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Speeding on My Way to Work

    If you have a CDL, you may want to consider getting a consult with an attorney since tickets can have far reaching effects for CDL drivers.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Ticketed for Speeding on My Way to Work

    You should hire a lawyer to attempt getting the charge amended.

    http://www.fmcsa.dot.gov/regulations...section/383.51

    2 tickets 15 over and some other combinations are a 60 days suspension. As you are at 11 over it will likely only affect employability.

  9. #9
    Join Date
    Aug 2014
    Posts
    4

    Default Re: Ticketed for Speeding on My Way to Work

    Thank you all for replying. But, does anyone know if the smd's moving mode or stationary mode argument will help in this case?

  10. #10

    Default Re: Ticketed for Speeding on My Way to Work

    Quote Quoting FlorenceS
    View Post
    Thank you all for replying. But, does anyone know if the smd's moving mode or stationary mode argument will help in this case?
    Depends on the judge and what your argument is, as I do not see either stationary or moving mode mentioned you may be able to argue lack of foundation but I doubt it. Again depending on the judge I would also potentially argue that the officer never states he was personally the one who checked the SMD and ask for a dismissal per ER 602 Lack of Personal Knowledge. He keeps saying "I" all through the NOI except for the sections regarding the testing of the unit which is a bit suspicious.

    Because of the CDL though I would agree with everyone else that has said you should talk to a lawyer.

    When if your hearing date? Did you request some kind of a continuance or waive your right to a speedy trial? You should have had your hearing a while ago per IRLJ 2.6(a)(1).

    ~Spike~

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