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  1. #1
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Contesting 71 Over 55 on Washington State's SR 270

    Thank you for your detailed report. It’s true that some courts especially in small towns are less inclined to consider preliminary defenses that focus on technical defects. That’s why it’s really a good idea to listen in on defense attorneys representing infraction cases. If they are only doing deals and deferrals, then you have a strong clue that it’s a difficult court.

    The fact that the judge took a 30 minute recess at least indicates that you made compelling arguments that he couldn’t just roll over without careful consideration. You can appeal to Superior Court, but that’s expensive in terms of both time and money so would not be an option unless you really wanted to take it on as a project.

  2. #2
    Join Date
    Oct 2019
    Posts
    10

    Default Re: Contesting 71 Over 55 on Washington State's SR 270

    Thank you all for your help, especially searcher99. I had a lot of fun working on my case, didn't feel so excited for anything in the last decade. I heavily considered bailing out via deferral or amendment to non-moving, but what's the thrill in that? Haha.

    I would have liked to elevate this to Superior Court (SCourt), but Whitman county's SCourt doesn't hold a trial for appeals of infraction cases. The SCourt will only review the record that is provided by the district court. I don't see a point in spending $386 just to have SCourt review the materials without a trial. And I'm positive that the SCourt judge is a friend of the district court judge and would likely rule against me.

    It was fun while it lasted. Hopefully, I don't get another traffic ticket, but if I do, I know how to play the game now :-P

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Contesting 71 Over 55 on Washington State's SR 270

    Quote Quoting searcher99
    View Post
    The fact that the judge took a 30 minute recess at least indicates that you made compelling arguments that he couldn’t just roll over without careful consideration.
    Or it meant the judge needed to poo.

  4. #4
    Join Date
    Apr 2014
    Posts
    193

    Default Re: Contesting 71 Over 55 on Washington State's SR 270

    Ticketnoob, I am sorry you lost. The issue of attacking the officer's credibility in WA is that the standard for conviction of a traffic ticket is only preponderance of the evidence. You would have to have demonstrated that the inconsistencies in the officer's statement were so egregious that almost nothing he stated was believable. Casting doubt is not enough. The fact that the officer took the time to stop you and issue a ticket indicates that he believed you were speeding is a lot of evidence to overcome which is why most wins are on technical grounds, not "here is why I believe the officer got this wrong". Obviously he believed it was more likely that you were speeding than not and found you guilty even with the issues with the statement.

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