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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Cited for 65+ in a 60 in the Express Lanes

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

    I was on my way to work the other morning in the express lanes, Westbound I-90. I was doing the speed limit. There was a state patrol officer in front of me who was not doing 60mph. I could see from behind him that he was making several attempts to dial his cell phone. At one point, because he simply wasn't paying attention, he had to make an erratic lane change to avoid a bus merging into the express lanes on Mercer Island.

    By the end of the Mercer Island Lid, still behind the trooper, still not doing 60mph, I told myself that if you're not speeding then there's nothing illegal in going around the trooper. As soon as I went by him, and I swear on my life I was never going faster than 62, he got behind me and on went the lights.

    The officer stated he paced me a 67mph. I know there is no way he had time to "pace" me based on the timeline of events. I am very confident that I was not going 67mph. I have both my speedo and a GPS unit on my motorcycle. I feel like this is nothing more that a case of him trying to teach me a lesson. If I'm not mistaken, it is legal to temporarily exceed the speed limit when passing a vehicle not going the speed limit.

    Do I have a case?

  2. #2

    Default Re: Cited for 65+ in a 60 in the Express Lanes.

    There are a lot of posts on here about WA tickets. Do a search. The officer will not be at the hearing unless you subponea him. Check the filing date to see if that is an out since it has to be within 5 business days. Otherwise you may want file for mitigation. Your speedo and GPS are not calibrated and not evidence. It is possible to pace from in front and 62 is still speeding.

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

    Default Re: Cited for 65+ in a 60 in the Express Lanes.

    Quote Quoting fitter32
    View Post
    If I'm not mistaken, it is legal to temporarily exceed the speed limit when passing a vehicle not going the speed limit.
    Only on a two-lane road -- one lane in each direction (see RCW 46.61.425 (1)). Take Lwpat's advice and go for a mitigation hearing and try to get a deferral -- oh, and don't pass cops who are doing the speed limit -- or even close to it!

    Barry

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