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  1. #1

    Default How to Contest a Washington State Speeding Ticket

    My question involves traffic court in the State of: Washington

    Hi Expert Law community!

    I have been a long time lurker on this forum and have learned a lot..but have just been issued my first speeding ticket in Washington (84 in a 60 -- $218 -- Pacing Method) and have a few questions.

    I have read the procedural guide and know how to file for discovery, as that's what I plan to do.

    Here are my questions:

    (1) If I am in the area of the district court house, can I drop of the ticket with the contest box checked instead of mailing it?

    (2) How would I find out what prosecuted is assigned to my case? Is it possible to talk to them and get this ticket turned into a cell-phone violation (Since that won't go on my insurance)

    (3) Now that tickets are electronically signed, isn't there virtually a 0% chance that it isn't filed within 5 day?

    (4) When filling for discovery, do I need to add something about the Patrol Vehicle's speedometer calibration, since the method was pacing for my ticket?

    (5) Is there anything a traffic attorney could do from a getting the ticked dismissed or changed into a NM violation, that I can't do?

    Thanks in advance for your help,
    I appreciate you taking the time to help me!

    Regards,
    Chase

  2. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Washington State Speeding Ticket

    Here are my comments to your questions:

    1. IRLJ 2.4(c) states: “A person may respond to a notice of infraction either personally, or if allowed by local rule by mail or by e-mail…” so dropping off should be fine.
    2. You can try to contact the prosecutor’s office and/or try to get a deal at your hearing a few minutes before it begins. If you are unable to get the charge amended to a non-moving violation then a deferred finding is your next option (if available). If you are interesting in moving for dismissal, a judge might agree to hear your motion(s) without taking away your deferral option.
    3. We just had a thread where the officer electronically filed effectively on day 6, so it still happens occasionally. Just ask a court clerk for the date and time of filing.
    4. You can request the speedometer calibration certificate, but IRLJ 3.1(b) does not require them to send it. I would be inclined not to request the cert in discovery, but wait for discovery to arrive and check to see if the officer identifies the patrol vehicle in his/her sworn statement. If it is not identified you can move for suppression of pace evidence, or if it is identified then you can visit the court to see if a valid calibration certificate is on file.
    5. An attorney who regularly handles civil traffic matters would have established rapport with the court/prosecution in addition to a lot of experience. That would be the main difference, but whether to go to the extra expense is your call. If you are able to listen in on an infraction session with attorneys present prior to your hearing date, you might get a good sense about what they do and whether hiring one is worthwhile. If readily available in your court, deferral would be a less expensive option.

  3. #3

    Default Re: Washington State Speeding Ticket

    @Searcher99

    Today I served the request for discovery on the prosecutors office & filed a copy with the court! I filed the court copy with the King County Court District Court -- Shoreline Division, because that where my hearing will take place. The clerk there didn't seem to know what I was talking about, but stamped it and took it anyway.

    Did I file it with the right court? Or did I need to take it to the mainKing County District Court downtown?

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Washington State Speeding Ticket

    You need to file it where the case will be heard.

  5. #5

    Default Re: Washington State Speeding Ticket

    Thank you for all your help thus far! I have received my discovery, redacted identifying information, and am posting the link below.

    From what I can see, he doesn't identify his vehicle when he states his speedometer is calibrated & checked. From what I've read and been told on here, I think that is grounds for suppression of either the statement or pace evidence! Could someone please help me in how to word this?

    Also if there is anything else you see that I could make a motion on, please feel free to share

    https://flickr.com/photos/138989681@...57662990096396

    Thanks again for all your help! I appreciate it!

  6. #6
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Washington State Speeding Ticket

    I would move to suppress the entire statement due to lack of foundation because the speedometer is not identified and any pace readings cannot be authenticated per ER 901. Be sure to announce your motion immediately when your cased is called, before the officer’s statement is read into the record and before you are sworn in for testimony. You’ve got a good understanding of the issue and it should be a strong defense. Good luck.

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