Had him subpoenaed, I was shocked at how incompetent the officer was to testify and how unfamiliar the judge was with the Statute.Yeah, your argument is specious. Leach doesn't say that a subsection MUST be provided. In Leaches case the citation was for a statute that had two charges (with differing penalties). This is not the case with 46.61.400. There's only one offense there. There's no need to further specify the offense.
How is it you had the officer there to begin with? Very unusual in Washington.
Yes, I was a little iffy and reluctant about citing Leach, but I had very little time. This is why, during the hearing, I directly asked the Judge and the officer "Which subsection am I accused of violating?" Both failed to state which sub-section applied as well as the actual alleged violation of the statute, neither of them knew the answer, it was shocking.
The Statute 46.61.400 has 3 sub sections and 3 paragraphs within subsection 2. The subsections vary wildly and there are many ways to violate it. WA state rules under the Basic Speed LAW, it is not an Absolute Speed Law. This is why the subsections matter, they are there for a reason.
And as for Different penalties :
What are the current speeding fines in Washington state?
1 to 5 mph over the speed limit: $125.
6 to 10 mph over the speed limit: $136.
11 to 15 mph over the speed limit: $166.
16 to 20 mph over the speed limit: $207.
21 to 25 mph over the speed limit: $259.
26 to 30 mph over the speed limit: $310.
31 to 35 mph over the speed limit: $361.
More than 35 mph over the speed limit: $423.
There are many different situations in which speeding is determined within the Wa Basic Speed Law, the statute maps that out. For instance, under subsection 1, exceeding a posted limit isn't necessarily a violation depending on whether you were driving at a speed that is not greater than prudent under the conditions, but, exceeding a posted limit IS a violation under subsection 2 because of special hazards/conditions on the road and that is governed by specific speed limits, and subsection 3 changes the rules into another direction. So, you have to ask... What am I being charged with and which subsection am I defending? Unless you want to take it lying down and defend against all 3 or whatever they want to accuse you of.

