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  1. #1
    Join Date
    Jul 2008
    Posts
    4

    Default Cited, but Not Speeding in a School Zone

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



    I got a speeding ticket for 33 in a school zone with 20mph speed limit.

    I have contested a hearing very soon and I received my discovery documents.

    My main reason for contesting is twofold:

    1-The posted speed limit in this school zone is a fixed 25 (contrary to the officer's statement that says flashing light 20mph). I have pictures of the sign to prove it.

    2-The officers statement is full of false statements.It says I was traveling w bound on that street , but I was traveling east bound on that street (going from home to work in the morning). In other words, the officer's statement is manufactured to put me in the school zone traveling west bound. If I show a map (google, live, or mapquest) that connects my place of residence to work and clearly shows that I must go through that street traveling eastbound and if I show photographs of the school zone speed limit that to every body's surprise says 25 ( there are no flashing lights and no mention of date or time and no mention of the presence of children on this sign), would that help me get justice and dismiss this infraction?

    I have shown this picture to any one who wouldn't believe me and they all agreed that this sign says 25. By the way i wasn't going faster that 25 when I entered the school zone.

    I'm still in shock how corrupt this officer is!

    Please help and advice , I have a court date in 2 days.

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

    Default Re: NOT Speeding in a School Zone in Bellevue

    Let me see if I have this right: if the court allows the ticket to be amended from "W" to "E" and the speed limit from "20" to "25", you're going to be found guilty. Is that about it? Oh, and I wouldn't say ANYTHING about how "corrupt" the officer was. As far as I can see, making a typo about the direction you were heading and thinking that the school zone limit SHOULD be 20, do not constitute "corruption" in my book.

    I don't know if it will make a difference, but a 25 MPH sign does NOT appear to be in compliance with RCW 46.61.440:
    Quote Quoting RCW 46.61.440
    (1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs.
    What is the "normal" speed limit outside of the school zone. If it's 35 or higher, you just might have a shot. The argument would be that WAC 468-95-330 prescribes that school zone signs comply with MUTCD, except as amended (for examples of the proper signs see Figure 7B-1). Since this sign specifies a 25 MPH speed limit, it does NOT comply with the RCW nor the MUTCD. Therefore, it does NOT create a school zone. Without a school zone, the "normal" 35 MPH speed limit would still apply. Be sure and take your photo of the 25 MPH school zone sign to the hearing, along with a copy of the RCW law, the WAC code, and the MUTCD picture.

    As I said, I don't know if that argument will fly, but I think it's better than the one you've got.

    Barry

  3. #3

    Default Re: Cited, but Not Speeding in a School Zone

    How is the judge going to know that your picture is the same location?

  4. #4
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Cited, but Not Speeding in a School Zone

    Thanks for the reply.It's not just a mistake about E or W. The officer gives the block location where speed limit sign is posted and where he was all according to the west bound where as I was traveling east bound and I believe he clocked me before the speed limit sign for the east bound location .The speed limit on that stree starts to be 40 then changes to 25 and remains 25 in the school zone. he clocked me between 40 to 25 when I was reducing my speed.

    How can I explain this to the judge? I'm willing to take a polygraph test! I'm driver a with 16 years of clean record!never had a moving violation.
    please advise.

  5. #5
    Join Date
    Jul 2008
    Posts
    4

    Default Re: Cited, but Not Speeding in a School Zone

    The reason for the comment about the officer is that his sworn statements is full of these typos. In his statement he talks about how I was traveling east bound and where meausred my speed and says twice that the lights were flashing and sign says 20. How is all that a typo and not purjery? Just curious.

    Thanks again for the information. This forum is truely amazing!

  6. #6
    Join Date
    Jul 2008
    Posts
    4

    Default Update on "Cited, but Not Speeding in a School Zone"

    Thanks Barry for the advice.

    I showed the picture to the judge and even showed picture of the advance warning sign which was lying on the ground (not mounted!) with the face of the sign invisible to the oncoming traffic and the case was dismissed.

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Cited, but Not Speeding in a School Zone

    Congratulations! Great Job! And thanks for letting us know.

    Barry

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