My question involves traffic court in the State of: washington
My question involves traffic court in the State of: washington
well, without more information, I can only say that reading these rules would be a great place to start. It could also be in your interest to contact the local court clerk and ask them about their local procedures.
It's for a speeding ticket (31 in 20) in a school zone. The officer just took my info then mailed me the ticket, and then added an additional charge of driving without a vailid license with Id after the fact. He said he clocked me at 441 feet and told me the speed sign was 638 feet from the crosswalk. I got a chance to measure the distance and the sign is actually 837 feet from the crosswalk. Also I was turning onto the street from a street that was 35 mph, and the sign is 50 feet into the road from the intersection. Shouldn't I have a little time to slow down, also couldn't I argue the fact that the officer actually didn't know where he was seeing he doesn't really know the distance from one spot to the other. Cause if show the pics that I took, and say if I was 441 feet away and the sign is 638 feet that would put me 167 feet from the sign and that would put me out of sight cause I'm on the other side of the hill. Sorry I rambled on but I only have a couple weeks to get all the info I can. Thankyou
First of all, you can find some good information about discovery in this thread.
Now, you say that you were 441 feet from the officer, and (according to the officer) the speed sign is 638 feet from the crosswalk? So the officer was between you and the crosswalk?
You may be interested in looking at WAC 468-95-330, especially the fouth paragraph which states:I might be able to help some more, if I know more of the specifics, like the address of the school and the exact location where you were clocked. Also, does the sign say "When children are present" or "when flashing". Could you even see the sign from where you turned onto the road?Quoting WAC
Barry
the address is 200 w casino rd, everett wa 98204.I was heading northbound on fifth and took a left onto casino heading westbound. if you google the location you can see the traffic sign(20 when flashing) is actually 827 feet from the crosswalk, but the cop is under the impression that it 638 feet from the crosswalk. I took a measuring wheel from work and walked off the distance so i know its acurate. As far as the sign i didnt see it until i was right next to it, the sign also has blinders around the light making it hard to see if aproaching from the side. The speed limit from that road is 35. There was a semi in front of me and i changed into the lane close to the side walk thats when i saw it. That is also the only sign, there is no sign to inform you where the school zone starts. My other question is if they want to extend the school zone an additional 300 feet,wouldn't that put he gas station in jeopardy? i called the washington liquor control and they said they cant sell alcohol within 500 feet from a school zone. So if the state wants to give them a pass cause they generate tax dollars i would like to expose them for not obeying there own state laws.
OK, as I view the map, if you were heading north on 5th and made a left heading west, you would have been going AWAY from the school. I'm assuming that the crosswalk in question is the one with the light at 200 W. Casino. So, it would really help your case if you could figure out which way you were actually going.
Oh, and the zone STARTS right, exactly at the sign.
Also, I'm guessing that the school zone extends 300 feet from the school property lines, rather than the crosswalk -- otherwise they would have had to do an engineering study to justify the extended distance from the crosswalk. However, if you intend on fighting this, you might want to measure that distance (from the property line) and make sure it's 300 feet. You might also consider an FOIA request to the city for a copy of the ordinance or other legislation establishing the school zone.
Barry
You are right I was heading south on 5th I'm sorry I was turned upside down. From the speed sign to the driveway on your right that leads to the teachers parking lot Is 462 feet.
Just judging by the map, it looks like the sign is 300 feet from the entrance to the walking path through the little greenbelt just before the teachers lot entrance. The question in my mind is whether that greenbelt area is actually part of the school property, or if it belongs to, say, the city as a park or whatnot.
Here's what I'd do. Proceed with discovery as discussed above. Also, request the city ordinance (through an FOIA request to the city clerk) which establishes the school zone.
IMHO, you only have two choices with a school zone speeding ticket: pay it or fight it. You cannot mitigate it (see RCW 46.61.440 (3)). Most jurisdictions will not grant a deferral for a school zone violation (C.f. Clark County).
But, you cannot just walk into court and say "I didn't see the sign". You must try to find a flaw in the prosecution's case. It will take some work. Or, you can just pay the fine and get on with your life -- hopefully the ticket won't have too much impact on your insurance.
Your choice,
Barry
If i get the speeding ticket dismissed can they still charge me with driving with no license, cause the speeding ticket was why they pulled me over. Also if you look further west down casino past the intersection there is another speed zone sign that has to be well away from the school zone. I will find out tomorrow where exactly the school zone is hopefully. Like i said i don't think those gas stations can operate within 500 feet within school property according to washington liquor control. Thats why i don't think it starts at that walkway. Even if, its still only 447 feet from the school sign right after that walkway
Abso-freaking-lutely!
Let my try to explain something. The gas station has NO bearing on your ticket. The presence of the gas station was not the cause of your speeding. If you bring it up, you will simply sound like a "whiner". Besides, you don't know the law, you don't know if the gas station was granted an exemption. Who knows, the gas station may have been there FIRST!
If you wish to beat this ticket, it is going to require WORK on your part. Do the FOIA request and the discovery request. Let us know what you find out. You may luck out, or you may not find any flaws and get convicted. In either case, FORGET ABOUT THE GAS STATION!
Barry