Regarding the calibration certificate, if the prosecutor did not direct you to the State Patrol Internet site I would go to court early on the hearing day and check to see if it is filed at the court. If it is not, you can try moving for suppression of the radar evidence per IRLJ 6.6(d). However this motion probably has only a small chance. Most judges will recognize certifications on the state patrol server as “filed” but some could have an issue with the prosecutor not informing a defendant where to find the cert when that question was asked in discovery.
If the ticket was submitted on the following day then you are correct that the end-of-shift time would not be an issue.
Immediately after the case is called I’d be inclined to move for dismissal due to lack of evidence. The officer’s statement does not contain anything to support operating “a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.” Also since RCW 46.61.425 (1) condones exceeding the speed limit in a specific circumstance, it should follow that speed alone does not meet the burden of proof for a charge of Negligent Driving, Second Degree.
As stated earlier I haven’t seen any Neg2 cases, so I’m relying mostly on posts from blewis and brendanjkeegan. The above reference to RCW 46.61.425 comes from another previous post by Barry but also you should note his comments that these arguments definitely can lose especially when not made by an attorney.
To make a more informed decision I would do the following:
- Call a court clerk and ask if the court allows deferred findings for Neg2 tickets. If so you would have an option to request deferral online for $175 which is much easier and cheaper than the ticket.
- Also ask the clerk if a prosecutor will be present at the hearing. If no prosecutor attends, then the charge cannot be amended to speeding. However even with a prosecutor it’s not likely that it can be amended.
- The only way to know how Neg2 in Washington might affect your insurance would be to call and ask your agent, because whatever the officer said could be wrong. Deferral is safer if your rates can go up, but otherwise you only risk the fine which a judge might still reduce even if your arguments lose.

