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  1. #1
    Join Date
    Oct 2014
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    11

    Default Ticketed for Speeding in a School Zone

    My question involves traffic court in the State of: Washington State

    ticket: 34 MPH in school zone 20 MPH, location 850 Main Street
    discovery: The officer saw me travelling higher than 20mph on main st, passing school zone sign and other vehicles. The officer estimated my speed to be 30~35 and got 34mph on SMD.

    1) I didn't see the light flashing. but I did notice other cars reducing speed since i was following traffic. I reduced my speed following the car in front of mine. I thought the officer estimate my speed before passing the 20 mph sign. 35 MPH sign is only 15 yard from 20 mph sign.

    2)I am sure that I was driving 20 mph at 850 main street (the location on ticket), which is in the middle of 20 mph sign and the officer's location. My passenger can prove it. Do I need to subpoena him? Should I share information of my witness with court/prosecutor?

    3)I drove along main street again and didn't find 850 main street. there was only buildings whose numbers are 846, 848, 854.

    Any help anyone can provide, especially wording my defense would be greatly appreciated.
    Thanks!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Ticketed for Speeding in a School Zone

    Quote Quoting stella2012
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    1) I didn't see the light flashing. but I did notice other cars reducing speed since i was following traffic. I reduced my speed following the car in front of mine. I thought the officer estimate my speed before passing the 20 mph sign. 35 MPH sign is only 15 yard from 20 mph sign.
    You indicate that the officer estimated your speed then measured your speed. If he estimated your speed at a point a mere 15 yards from the school zone speed limit sign, by the time he measured your speed you were in the school zone.

    "Everybody else was speeding, also," is not a defense to a speeding ticket.
    Quote Quoting stella2012
    2)I am sure that I was driving 20 mph at 850 main street (the location on ticket), which is in the middle of 20 mph sign and the officer's location. My passenger can prove it.
    Do you believe you can beat the ticket by arguing that there is a pinpoint time, presumably after you saw the officer and applied your brakes, when you reduced your speed down to the speed limit? Good luck with that.
    Quote Quoting stella2012
    Do I need to subpoena him? Should I share information of my witness with court/prosecutor?
    You should be able to figure out whether or not your friend will voluntarily come to court with you.

    Read IRLJ 3.1.
    Quote Quoting stella2012
    3)I drove along main street again and didn't find 850 main street. there was only buildings whose numbers are 846, 848, 854.
    That and $2 will get you a cup of coffee, but it won't get you anywhere in court.

  3. #3
    Join Date
    Oct 2014
    Posts
    11

    Default Re: Ticketed for Speeding in a School Zone

    Mr. Knowitall, Thank you for your response!

    Do you think I can successfully fight this ticket? Any advice on my defense? How can I improve my defense?

    For the street number, It won't work to argue that the officer was not very careful, right?

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Ticketed for Speeding in a School Zone

    Itís best for you to wait for your discovery materials and share a redacted version here. At that point a wider range of suggestions are possible. You would need to copy or photograph each page, redact any details that would personally identify you, upload to a free image hosting site, and post in this thread a link to the images.

  5. #5
    Join Date
    Oct 2014
    Posts
    11

    Default Re: Ticketed for Speeding in a School Zone

    Thank you very much, searcher99

    According to the discovery of officer
    "the flashing yellow school zone lights at both end of street were operational. I used Decatur Genesis VP stationary radar.I tested it before and after stop with tuning forks #12345.I was trained to use the unit. The Doppler was audible and the unit functioned properly. I found the car approach my location at a speed higher than 20mph. The car drove past the flashing school zone sign. I visually estimated the speed to be 30~35 mph. I saw the car pass and pull ahead of other cars that appeared to be going 20 mph. I pointed the radar at this car and get a reading of 34 mph with a clear and steady Dopler tone. There were children present in the area. I pulled over the car. I explained the reason for pull over. The driver said she reduced her speed. I said she did reduce speed, yet by the time she did so she was clearly within the school zone."
    I also got a hard copy of test and calibrated information of SMD on 5/1/2014.

    I do appreciate if anyone can give any advice on my defense.

  6. #6
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Ticketed for Speeding in a School Zone

    In your quote of the officerís statement there is no number for the radar unit, and only one tuning fork with an apparently invalid id. Are those numbers actually missing from the statement or did you omit them here? If the specific radar unit and each corresponding tuning fork are not identified in the statement, you can probably get the ticket dismissed. If they are identified in the statement then you need to make sure they match the certification on file at the court. Did you request a copy of the radar certification?

    It would be much better if you could link images to all the discovery materials. Itís not necessary to redact id numbers for the radar or tuning forks because they donít publicly identify you. Important information to redact includes the citation number and anything that identifies you personally.

  7. #7
    Join Date
    Oct 2014
    Posts
    11

    Default Re: Ticketed for Speeding in a School Zone

    Thank you very much for your reply! searcher 99

    I didn't realize that the number I omit were the number of tuning fork.
    There were two number on the radar certification which are identified to the two numbers of tuning fork in the discovery statement.
    According to certification, the calibration for accuracy is valid for up to 3 years, the notary valid through 11/2015

    I'll find a way to link images to these materials. Thanks again!

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