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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Incorrect Data on Ticket

    My question involves a speeding ticket from the State of Washington. I was pulled over for 70 in a 60 zone by WA State Police. When the ticket was written it states "65+ in a 73. The 73 is circled. Shouldn't it have said "70 in a 60"? Is this a cause to dismiss the ticket if it is filled out incorrectly?
    I was also on my way to assist another County police agency recover a body that had been dumped in a river. I told the officer this but instead I got a very sarcastic response so I did not pursue. The local officers said they would vouch for me if possible but I don't know how they could.

    I have a scanned copy of the ticket if it helps.

    Any advice is MUCH appreciated.
    thank you!

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

    Default Re: Incorrect Data on Ticket

    You might try this (although I certainly cannot guarantee the results):

    Before the prosecutor begins his case, ask the judge if you can make a motion for dismissal, pursuant to IRLJ 3.1 (d), which states:

    Quote Quoting IRLJ 3.1
    (d) Sufficiency. No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects or imperfections which do not tend to prejudice substantial rights of the defendant.

    Because "65+ in a 73" does not describe a violation, and the citation "RCW 46.61.400" -- without a specific subsection -- does not define a violation, and because the "substance" of what you are being charged with has not been properly designated (and, thus, your "substantial rights" have been prejudiced), the Notice of Infraction is insufficient.

    Again, that might not work, but your, "I was also on my way to assist another County police agency recover a body that had been dumped in a river", is only a mitigating factor -- it is NOT a defense.

    Good luck,
    Barry

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Incorrect Data on Ticket

    Thanks Very much for the advice!!! I am assuming that I request a hearing and present this during the hearing not with a letter when I mail the ticket back, correct?

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

    Default Re: Incorrect Data on Ticket

    Read this thread. Then if you still have questions, come back and ask.

    Barry

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