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  1. #1
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    Default Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    My question involves a traffic ticket from the state of: Washington in King County, westbound I-90 at MP 22 (70 zone)

    I came up fast on an unmarked F150 that turned out to be WSP. He simultaneously pulled me (behind him) and another driver in front of him over. I filed to fight the ticket, requested discovery and have chosen to not subpoena the officer. The filing date was within the limit and I don't feel like I have much else I can use to fight this so I was hoping the fact that he cited me for 65 in a 60 even though that area is clearly marked at 70 would give me a chance at a dismissal. The officer stated that I was going 85 in his comments on the ticket. Do I have any hope at all on this?

    Thanks a lot.

  2. #2
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    You need to read the Procedural Guide and request discovery. Absent being able to see the officer's sworn statement and other information, we can't tell.

  3. #3
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    I did read the guide, that's how I knew to request discovery, I mentioned that the filing date was valid and alluded to the officer's statement in my post. What else do you need to know?

  4. #4
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    If you post the discovery so that the WA folks can examine it, they may find you a technical out if the officer messed something up in his statement.

    Are you absolutely certain that the area is 70MPH, do you have pictures of speed limit signs showing it is 60? Not all of I-90 is 70. What city were you near? Were there any temporary signs such as for construction?

  5. #5
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    If you can successfully document to the court that the speed limit is 70 MPH, then you have a chance for beating a ticket for 65 MPH in a 60 MPH zone despite the officer's note because the cited speed would not be a violation of the speed limit. If it needs to be said, don't subpoena the officer, and don't confess to speeding.

  6. #6
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    Thanks free9man, I will scan the discovery documents in later today. Regarding the speed limit, yes, I can easily prove via an image and/or video that at Mile Post 22, where I was pulled over, the speed limit is 70 MPH as the speed limit sign is right next to the mile marker. This is just past the Preston/Fall City exit and the limit has been 70 for the entire 10 year period I have lived out here, this is not a temporary situation. Any ideas on if this helps me?

    - - - Updated - - -

    Thank you Mr. Knowitall, I appreciate your assistance. I can easily show photographic evidence that the speed limit is 70 MPH precisely at mile post 22 which is listed as the location of the stop. That part is a slam dunk but will it be enough?

    Regarding subpoenaing the office, from what I've read on these forums that would be a mistake so I chose not to do it. Regarding any confession, the comment written down by the officer is slightly damning but has no context. It says I stated "Honestly, I'm late for a meeting downtown." but that is all it says. There is no reference to a question of if I was speeding as I was not asked if I was speeding, I was asked why I was in a hurry. I know that's not 100% what I should have said but I think it's not as bad as admitting guilt. What do you think?

  7. #7
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    Yes, subpoenaing the officer is likely a bad idea. A contested hearing in Washington is usually heard only on the officer's written statement. This gives the state no chance to amend, correct, or rebut anything.

  8. #8
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    Quote Quoting nana4tay
    View Post
    Regarding any confession, the comment written down by the officer is slightly damning but has no context.
    I wasn't speaking of the note on the ticket. When you are in court, if the judge asks, "What was your speed", you will not be helping yourself if you gave an answer of anything greater than the speed limit. I am not telling you to lie in court, but odds are you don't actually know your exact speed at the exact moment it was measured by the officer.

  9. #9
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    Quote Quoting nana4tay
    View Post
    Thanks free9man, I will scan the discovery documents in later today. Regarding the speed limit, yes, I can easily prove via an image and/or video that at Mile Post 22, where I was pulled over, the speed limit is 70 MPH as the speed limit sign is right next to the mile marker. This is just past the Preston/Fall City exit and the limit has been 70 for the entire 10 year period I have lived out here, this is not a temporary situation. Any ideas on if this helps me?
    Is MP 22 the location of the offense listed on the citation? Is it 70MPH prior to MP22 or does it go up there? If it was less prior to MP 22, the officer may have tagged you prior to you arriving at that location and that is where you were stopped.

  10. #10
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    Sep 2015
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    Default Re: Cited for 65 MPH in a 60 MPH Zone, But the Speed Limit Was 70 MPH

    Got ya. Thanks for pointing that out. It is true that I don't know my exact speed at that time but I wonder if the judge will ask if it was greater or less than 70 and if so will they accept that I am unsure of my exact speed and speculating is not in my interest? Not really sure how to answer if they pose the question like that.

    - - - Updated - - -

    free9man - The limit is 70 for many miles in both directions from MP 22 (it changes to 60 when heading westbound at about exit 18 and stays 70 eastbound until the pass) which is the listed location on the citation. I'm still not home but I will scan in the discovery docs later tonight.

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