Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2007
    Posts
    3

    Default Speeding Ticket With No Posted Speed Limit in Washington

    It was July 4th, I got a speeding ticket for running 36 in a 25 road in Kennewick, WA. I am thinking to contest this charge. Two points deserve clarifications in the court. 1) There is NO speed sign between the point I got on the road and the point I was stopped. The road has two lanes instead of one, so I assume the default speed should be around 30. 2) My panel showed less than 33 at any time instead of 36. This is my first ticket, I guess in the worst case I can still try the deferral. Any suggestions/comments for my case? Thanks a lot.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket With No Posted Speed Limit in Washington

    If you were within the city limits of Kennewick, I'm afraid you have no real defense. The law states:
    Quote Quoting RCW 46.61.400
    (2) Except when a special hazard exists ... the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

    (a) Twenty-five miles per hour on city and town streets;

    (b) Fifty miles per hour on county roads;

    (c) Sixty miles per hour on state highways.
    So, the only time a town or city is REQUIRED to post speed limit signs, is when they alter the maximum speed limit pursuant to RCW 46.61.405, 410, or 415.

    Sorry to be the bearer of such bad news, but good luck with the deferral,
    Barry

  3. #3
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Speeding Ticket With No Posted Speed Limit in Washington

    Well said. Thanks for those rules with links. It seems I got a good lesson, which will be kept in my mind.

    Still have questions on the deferral. Shall I ask for contest and wish for the absence of the officer, or I should not waste time and directly go for mitigation? Except for the time issue, it seems contest is no worse than mitigation, am I right?

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket With No Posted Speed Limit in Washington

    In my experience, there is no real difference -- as far as seeking a deferral. If you request a contested hearing, some jurisdictions require a "prehearing conference", wherein you will have a chance to accept a deferral, if you're eligible for one, or change you plea to "guilty with an explanation" and have your fine reduced.

    Or you can just go with the mitigation hearing and have done with it.

    Here's what I would do: Request a contested hearing. Then send a Discovery Request to the prosecutor's office (with a copy to the Court). Be sure you read and understand the Court Rules (you can find them here) as they pertain to discovery (IRLJ 3.1(b)) and other aspects of infraction hearings.

    After you receive the Discovery information, you will see what notes the officer wrote on the back of the ticket. If the notes don't include details -- where the officer was located, where you were spotted speeding, what SMD device was used, etc., go through with the contested hearing -- WITHOUT THE OFFICER! You'll have a good chance at beating it.

    If the information is fairly complete, call the Clerk of the Court and ask about getting a deferral. Chances are you won't even have to appear. Just send in the "administrative fee", keep your nose clean for a year, and "poof" -- it all disappears from your record.

    Good luck, and let us know what happens,
    Barry

  5. #5
    Join Date
    Jul 2007
    Posts
    3

    Default Re: Speeding Ticket With No Posted Speed Limit in Washington

    First of all, I really appreciate Barry's informative instructions. I will follow these steps and public the results.

    However, when I looked into the details of the ticket, it seemed the situation was more complicated and I ignored a big issue. There were actually two charges in that ticket, one for speeding and the other for expired vehicle license. For speeding, deferral will be my target. While the expired registration seems a lot more troublesome. The following are part of my explanations.

    I am temporally living in tri-city area (eastern Washington) for several months but my car was registered in the western side. I was informed that I need to have the emission test before I get the registration updated. The closest testing center is 2.5-hour driving distance because Benton county dose not require such test. So I am actually planning to update the registration when I get business chance to drive back to Seattle area. At this point, I guess the easiest way is to change my address in DOL system to a local one and get the tab here ASAP.

    I don’t expect that expired registration is so serious in WA. Is that normal to ask for a reduced fine for the first violation? Also, it seems I have to handle these two charges separately, say deferral for speeding and mitigation for expired registration. Any suggestions/comments? Thanks.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Speeding Ticket, Officer's Recommended Limit Contradicts Posted Speed Limit
    By highonboba in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 04-06-2011, 10:13 AM
  2. Speeding Tickets: Speeding Infraction with No Actual Speed or Posted Limit Speed Noted on the Ticket
    By slee8251 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 02-22-2011, 03:40 PM
  3. Speeding Tickets: Speeding Ticket - Alleged Speed And Posted Speed Limit Not Listed
    By grey in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 05-23-2008, 02:35 PM
  4. Speeding Tickets: Ticket In An Area With Poorly Posted Speed Limit
    By KenM in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-08-2007, 11:09 AM
  5. Speeding Tickets: Wrong Speed Limit Posted on Ticket in Washington
    By klueless247 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-14-2007, 10:40 AM
 
 
Sponsored Links

Legal Help, Information and Resources