Speeding Ticket Wsp Discovery Issues

[iprofessional]

Jurisdiction

Washington

Hi all, I recently was ticketed for speeding. I requested discovery and received the attached statement. In the past I was able to get a ticket dismissed where the radar affidavit had nothing in it that pointed to myself or my vehicle, but this one looks pretty solid. In fact, the only discrepancy I could find with the whole thing is that my hair is not blonde as noted on the ticket. I can't find anything that would help me out of this one. Just wondering if anyone else could take a look as a second pair of eyes?


Thanks in advance!

 

[zddoodah]

Do you actually dispute the charge, or are you just hoping to skate on a technicality?

 

[iprofessional]

I dispute as I don't believe I was going that fast, but don't have any real evidence to show and "i don't think I was going that fast" statements don't win cases unfortunately.

 

[army judge]

I dispute as I don't believe I was going that fast, but don't have any real evidence to show and "i don't think I was going that fast" statements don't win cases unfortunately.

There are many ways to do a thing!

Washington law allows you to defer one moving violation (e.g. speeding ticket) and one non-moving violation (e.g. no seat belt) every seven years.

Some offenses are excluded, such as school zone violations.

If you qualify the judge then has the discretion to grant or deny your request for a deferral.


Deferred – Washington State Speeding Ticket Deferral
What is the benefit to you of a speeding ticket deferral in Washington State? A deferral is an opportunity to keep a speeding ticket off of your driving record and have it dismissed after a probationary period. While you do not need a traffic attorney to request a ticket deferral, an attorney can evaluate your ticket, to determine whether you can contest the ticket and save your deferral for another day.

Traffic Courts have authority to defer findings on moving violations under RCW 46.63.070 (5)(a). The statute says that the court may defer findings for up to one year and impose conditions upon the defendant the court deems appropriate, including costs for administrative processing. At the end of the deferral period, if the driver has met all conditions and not committed another traffic infraction, the court may dismiss the infraction.

Speeding Ticket Deferral Restrictions
The law does place some restrictions on who may receive such a benefit:

You are limited to one deferral on a moving violation within a seven year period
A person holding a commercial driver's license or who was operating a commercial vehicle at the time of the violation may not receive a deferral
A person who commits negligent driving second degree with a vulnerable user victim may not receive a deferral. This means an accident involving a pedestrian, a bicyclist or a motorcycle rider. See RCW 46.61.526 for the complete list of vulnerable users.
As described above, most Traffic Courts will defer a finding on a moving violation on condition that you have no other violations of law for up to 1 year and that you pay a fee for the speeding ticket deferral. If you pay and have no violations, the ticket is dismissed at the end of the period. If you violate the conditions, then the ticket is found committed and sent to Washington State Department of Licensing (DOL) to be placed on your driving record. Some courts even charge you again for the committed offense if you violate the deferral.

Some courts will not defer school zone tickets because of the language in RCW 46.61.440 which says that the penalty may not be waived, reduced or suspended. The conditions may vary from court to court. The law allows courts to impose conditions they deem appropriate which allows broad discretion. It is important to understand the conditions and time period for the deferral in order to successfully use this option.

Citations
RCW 46.63.070 Response to notice — Contesting determination — Hearing — Failure to respond or appear
RCW 46.61.526 Negligent driving — Second degree — Vulnerable user victim — Penalties — Definitions
RCW 46.61.440 Maximum speed limit when passing school or playground crosswalks — Penalty, disposition of proceeds
Traffic Infractions – Speeding Tickets.

Washington State Speeding Ticket Deferral | Tacoma, WA | Feldman Law

 

[iprofessional]

Thanks for the response. Unfortunately, I had to use a deferral 5 years ago.

 

[army judge]

Thanks for the response. Unfortunately, I had to use a deferral 5 years ago.

I got a speeding ticket 50 years ago.
My dad laughed and said, "Always put your car on cruise control. You'll never get another speeding ticket."

He was right. I always employ speed control on the highway, even on some city streets.

If I can't use speed control, I always travel 5 miles BELOW the posted speed limit.

The GUBMINT gets enough of my money, and I am inclined not to assist them in their fleecing of me!!!

Back to your issue, OP.

Ask the court to allow you take an online traffic school to clear the citation.

Once you complete the school, most automobile insurers will give you a discount for completing the course.

 

[Zigner]

I dispute as I don't believe I was going that fast ...

In other words, you really don't pay attention when you drive. Very dangerous...

 

[zddoodah]

I dispute as I don't believe I was going that fast

I could have phrased my question better. Do you dispute that you were speeding?

 

[iprofessional]

I got a speeding ticket 50 years ago.
My dad laughed and said, "Always put your car on cruise control. You'll never get another speeding ticket."

He was right. I always employ speed control on the highway, even on some city streets.

If I can't use speed control, I always travel 5 miles BELOW the posted speed limit.

The GUBMINT gets enough of my money, and I am inclined not to assist them in their fleecing of me!!!

Back to your issue, OP.

Ask the court to allow you take an online traffic school to clear the citation.

Once you complete the school, most automobile insurers will give you a discount for completing the course.

That is great advice, thanks for your reply. Just found out that I am a member of a legal plan benefit through work so going to pass this over to them. Thanks again!

 

[iprofessional]

I could have phrased my question better. Do you dispute that you were speeding?

Thanks, I do dispute I was speeding. However, I just found out that I am a member of a legal plan benefit through work so going to pass this over to them. Thanks again for the reply.

 

[flyingron]

Ask the court to allow you take an online traffic school to clear the citation.

Not likely if he's already had a deferral in the past seven years.

 

[bradley Allan Rose]

Not likely if he's already had a deferral in the past seven years.

Also traffic school is not an option in district court hearings for Washington State Patrol tickets. It's only offered in a couple municipal courts.

 

[iprofessional]

Thanks for the responses all, I appreciate it.