I have been driving since I was 17, and just turned 25 about 2 months ago. This past week, I received my first traffic ticket. Per the officer that was on a motorcycle on the side of the road, he apparently clocked me at 52 in a 40 zone. I do not believe that I was going at this speed. Since I have never even been pulled over before, the deferral option is open for me to take. However, I do not like the idea of not having that option for the next 7 years. At any rate, due to my driving record, what has been told to me is that I should contest the ticket and definitely not outright pay it, as I can at least get a deferral. However, I would rather have it just dismissed and be completely done, and to still have the deferral option available to me. Also, it is just my luck that something will happen in about a month from now, and then both will go on my record and I won't have the option. Anyway, the area of land of where this infraction occured, was a 4 lane road with no intersections and farmland on both sides, if that makes any difference. On the ticket, it provides the RCW number (46.61.400). The description that was given was not, "Unsafe Speed", or "Speed beyond maximum limit for this zone", or anything like that. The description of what I have apparently violated merely states, "Speed". The ticket did not specify if I was clocked by laser or radar, and I didn't realize that I could ask when stopped. I do know that radar guns must be calibrated immediately before and after use and by certified tuning forks. Are there any calibration requirements for laser speed guns? Also, I have heard that a lot of officers do not show up in court unless it is something major. Today, I found out that I cannot ask for a deferral AFTER I make a request for Discovery. This is a lot to say at the moment, so I will get to what I am asking and then ask more if need be later on.
1) Should I just take the deferral, and risk not having it as an option for the next 7 years? Or, do you see much luck in me taking it to trial?
2) Does a laser speed gun have any calibration requirements? How would I find them out?
3) Does it matter in any amount that the officer only wrote down "Speed" as the description. I can make arguments saying that this could mean "Unsafe Speed", and prove that I was safe and did not violate 2 of the 3 subsections if the 52 is true. However, does that give me any realistic leverage in front of a judge?
4) Is there any way at all that I can ask about which type of gun, or the affidavit, or anything else before the Discovery.
5) What is the liklihood that a City (not county or state) Officer would show up at trial against someone that has a spotless record apparenly only going 12 over? Does the liklihood change at all if he rides a motorcycle or not?
6) Do you forsee a possibility that I could just pay the fine and get the rest of the ticket (driving record and insurance) dismissed?
Please let me know if you have answers to any or all of these questions or of anything else that may be useful.
1) Should I just take the deferral, and risk not having it as an option for the next 7 years? Or, do you see much luck in me taking it to trial?
2) Does a laser speed gun have any calibration requirements? How would I find them out?
3) Does it matter in any amount that the officer only wrote down "Speed" as the description. I can make arguments saying that this could mean "Unsafe Speed", and prove that I was safe and did not violate 2 of the 3 subsections if the 52 is true. However, does that give me any realistic leverage in front of a judge?
4) Is there any way at all that I can ask about which type of gun, or the affidavit, or anything else before the Discovery.
5) What is the liklihood that a City (not county or state) Officer would show up at trial against someone that has a spotless record apparenly only going 12 over? Does the liklihood change at all if he rides a motorcycle or not?
6) Do you forsee a possibility that I could just pay the fine and get the rest of the ticket (driving record and insurance) dismissed?
Please let me know if you have answers to any or all of these questions or of anything else that may be useful.
