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  1. #1
    Join Date
    May 2008
    Posts
    5

    Default Seattle Speeding Ticket

    My question involves a speeding ticket from the State of: Washington

    I got a speeding ticket about 10 days ago. The ticket says I must respond within 15 days so it's time for me to decide which way to go.

    I was clocked on radar going 50 in a 35 zone - just after I crested a hill and was starting downhill, the motorcycle cop was standing by the side of the road pointing at me. I stopped, did the paper shuffle, and went home with the ticket. $195 (sheesh...). I didn't think I was going that fast (and I stated that to the cop, in a respectful, non-confrontational way).

    I've got a good clean record (last speeding ticket was probably 10 years ago or longer). I'd rather keep this off my record (of course I'd prefer to beat it entirely, but I also don't want to invest a lot of time fighting it, especially if the chances are good that I'll end up losing). Keeping a clean driving record is more important (since I figure any speeding ticket will end up costing tons more in insurance over time).

    The ticket is with the City of Seattle (Municipal court).

    The ticket says I have 3 options:
    1. Admit & pay.
    2. Mitigation hearing - says it WILL go on my record, court MAY reduce the fine.
    3. Contested hearing - fight the ticket. I am not going to count on the cop not showing. I've seen this cop in Seattle for years - he exudes a real attitude (it's not like I know him, but I've seen him, and noted more than once that he appeared cocky, looked like he had a chip on his shoulder). My guess is he would be there.

    When the cop handed me the ticket, he asked if I had any questions. Only one I could think of was "how much is this going to cost me?" He replied "$195...but you can get it waived if you don't get another ticket for a year".

    Can someone (blewis - you seem to be a great source of info on this stuff, thanks in advance) suggest the best course of action? Readinig the 3-point type on the back of the ticket, there's nothing about having the ticket waived, and it specifically says under "Mitigation hearing" that "I understand that this WILL go on my driving record..." Well, having it NOT go on my driving record is my goal, so this appears to contradict what I've seen here in other threads.

    Advice? Many thanks.

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

    Default Re: Seattle Speeding Ticket

    First, I don't understand why your total penalty is $195. According to the schedule published for the WA State Patrol, it should only be $154 for 15 over when the speed limit is less than 40. So, unless your ticket reads "51 in a 35 zone" the fine is too much. I don't know if that is enough to invalidate your ticket, but the amount of the fine is a REQUIRED item on the ticket according to RCW 46.63.060 (2)(d). In my opinion, that means it needs to be correct, as well.

    The above notwithstanding, about the only way to be SURE this doesn't go on your record is to request a deferral. You can do this by selecting either option 2 or 3 (obviously if you plead guilty and pay the fine, it will definitely go on your record). I believe that Seattle Municipal Court requires a "pre-hearing conference" for contested hearings. If so, you will probably be offered a deferral at that time. If you select "mitigation", you can request a deferral at that hearing.

    If it were me, I would select a "contested" hearing. Then serve a discovery request (see IRLJ 3.1 (b)) on the prosecutor's office (contact the Clerk of the Court to find the address). Don't forget to file a copy of the request with the Court. When you receive the officer's sworn statement, check the filing date. If it is not within 5 days of the infraction, you can move for dismissal under IRLJ 2.2 (d). Also check to make sure the make/model and serial number of the radar and tuning fork(s) are all there. Be sure the officer has specified HIS location as well as YOURS at the time of the alleged infraction. In general, check to be sure ALL the information is complete and accurate. Any discrepancies might lead to a dismissal -- you just never know.

    If everything looks copacetic, you can always request the deferral (see RCW 46.63.070 (5)) at the pre-hearing conference or the hearing itself.

    Good luck,
    Barry

    Oh, if you do get the deferral, it will still cost you an "administrative fee" which usually runs about $150. However, if you don't get any tickets for a year, this infraction will be dismissed and NOT show up on your record.

  3. #3
    Join Date
    May 2008
    Posts
    5

    Default Re: Seattle Speeding Ticket

    In the box labeled "penalty" it says $195 - at least I think that's what it says...sure is tough to read, there's really nothing that I would call legible on my copy of the ticket, but I'm sure the original is readable enough.

    Ah, I now see it says 55 in 35. I think he told me he clocked me at 50, but I was in shock at the time, and in any case I suspect that's probably moot.

    Regarding the options for mitigation versus contesting...

    Yes, the ticket says if you choose a "contested hearing", they'll send you a court date, to schedule an "informal prehearing conference with a magistrate".

    My concern is that if I choose to "contest" and request their evidence, it's not too late to seek a deferral. You're pretty sure I'll still have that option?

    Thanks again - you're incredibly helpful and it's much appreciated!

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

    Default Re: Seattle Speeding Ticket

    As soon as you return your ticket (be sure to make a copy of both sides), send in the Discovery Request. You will probably get the information well before the pre-hearing conference. But, yes, I've seen people walk into their "contested" hearing and ask for a deferral and get it. That doesn't mean that EVERY judge will grant it -- but I live in South King County, and I haven't seen a single instance denied. However, I have not sat in on any hearings in Seattle Municipal Court.

    There are no guarantees, but I thing you're pretty safe. BTW, you can call the Clerk of the Court and ask for the filing date. If it was more than 5 days after the infraction, you will most likely get your dismissal.

    Barry

  5. #5
    Join Date
    May 2008
    Posts
    5

    Default Re: Seattle Speeding Ticket

    Well I'm still slightly torn...my first priority is keeping it of my record...

    It sounds like a deferral is just about a certainty if I choose "mitigation", but is less of a sure thing but still "likely" if I choose the contest. Would you say that's a fair assessment?

    Also, you say "As soon as you return your ticket, send in the Discovery Request"...I don't know anything about that. Where/how do I do that?

    (Yes, I made copies of both the front and back of the ticket).

    Barry, many thanks again for the help!

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Seattle Speeding Ticket

    Quote Quoting bubba666
    View Post
    It sounds like a deferral is just about a certainty if I choose "mitigation", but is less of a sure thing but still "likely" if I choose the contest. Would you say that's a fair assessment?
    No, I don't think so. I would say that once you start presenting a defense, the probability of a deferral goes down. But, theoretically, the judge can even grant a deferral AFTER he/she finds you guilty. I have not seen that happen, but then I've never seen anyone ASK for a deferral AFTER they've been found guilty.

    You can also change your plea from "contested" to "mitigated" at the time of the hearing. I have seen people do that. And as with most mitigations, they only paid about half the normal fine.

    If it were me, I go "contested" just to see the evidence against me. Then decide.

    If you would like a copy of a generic Discovery Request, PM me with your email address.

    Barry

  7. #7
    Join Date
    May 2008
    Posts
    5

    Default Re: Seattle Speeding Ticket

    OK, so I decided to "contest" -- at least until I see their evidence - so that's how I sent it in. Two days later, I received the next wve of paperwork from the city. The "pre-hearing settlement conference" is scheduled for June 5.

    It does appear that I still have the option to change from contesting to asking for mitigation (is mitigation = deferral?), either in person or in writing.

    So the next step, I assume, is to ask for what evidence they have ("discovery request")....and I know nothing about that. Is there an FAQ or Idiot's Guide?

    I'll PM you with my email for that generic Discovery Request.

    Thanks again.

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Seattle Speeding Ticket

    Check your email.

    Barry

  9. #9
    Join Date
    May 2008
    Posts
    5

    Default Re: Seattle Speeding Ticket

    Thanks, Barry -- I emailed you back with a question about formatting.

    Many thanks again for all your help...It's very much appreciated.

  10. #10

    Default Re: Seattle Speeding Ticket

    I am also ignorant when it comes to requesting the discovery information.
    I was just about to call the district court and ask for the clerk of the court, ask about filing date and ask about discovery requests and how i should do it.

    If there is an easier way to do it, please message me.
    I am going to call the district court soon.
    Thanks,
    wrightbrother

    thekobun (at) gmail (dot) com

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