Got a ticket...HELP
Thread Starter
Registered!!
Joined: Apr 2002
Posts: 176
Likes: 0
From: Edmonds, WA, Washington, US
Rep Power: 0 
Got a ticket...HELP
Yesterday I was coming home from Canada and was doing 81 on I-5, the speed limit was 70. I was driving under an overpass and noticed a cop sitting on top of the bridge, we made eye contact and he took off for the on-ramp, I knew he was coming after me. He pulled me over and gave me a $76 ticket for doing 81 in a 70. Now here is the deal, on the ticket he didnt specify how fast i was going, he only wrote 80+ (and he told me i was doing 81), also there were other people around me going as fast as I was, but they were SUV's and vans (gee, wonder why he went for the Honda coupe), also at the time I turned off cruise control and was trying to pass some cars that were going slow (they were in the fast lane), the cop said he watched me from the over pass passing cars and speeding down the hill. The only reason I picked of speed after I turned off the cruise control (i was doing about 76 with the cruise control) is because i was trying to pass some cars going down the hill. This was in the middle of no where (near Arlington for those who are familiar with WA) and I was not driving crazy and I was not a hazard to anyone. Everyone is telling me to fight the ticket, I need advice!!! Do I have a chance of wining if I fight this?!? This is my second speeding ticket and I really don't need an insurance hike. I have no mods on my car so I don't stand out....HEEELP!
Registered!!
Joined: Aug 2001
Posts: 1,588
Likes: 0
From: New York, New York, US
Rep Power: 0 When you go fishing do you catch all the fish? No. So you can't use the excuse that other cars were going just as fast. Usually one cop can only stop one car. As for the ticket...where are you licensed and where exactly was the summons issued? Oftentimes, if you receive a summons out of state, your home state will not record it.
I don't think you'll "win," and have it dismissed because as you said, you were doing 81 in a 70. While this probably wouldn't even catch the attention of a New York cop, I guess it is enforced somewhere. You would be best off seeing if they will just offer you a fine, if it would be recorded on your record.
I don't think you'll "win," and have it dismissed because as you said, you were doing 81 in a 70. While this probably wouldn't even catch the attention of a New York cop, I guess it is enforced somewhere. You would be best off seeing if they will just offer you a fine, if it would be recorded on your record.
Registered!!
Joined: Feb 2002
Posts: 115
Likes: 0
From: Longview, Washington, US
Rep Power: 0 If I were you I would at least take it to court. It's worth a try. I live in Washington and there's been quite a few cases where my friends or relatives or whatever have gotten tickets and taken them to court to explain the circumstances and they've either been dropped or reduced.
Thread Starter
Registered!!
Joined: Apr 2002
Posts: 176
Likes: 0
From: Edmonds, WA, Washington, US
Rep Power: 0 I was not going fast because everyone else was. I was trying to pass some cars. I'm from WA state, so i got a ticket in my state. Why did he write 80+ instead of 81 (what he said i was going), it makes it seem like he wasnt sure. The only reason he gave me a ticket to help the state funds probably, ever since the license tabs were raised cops are handing out tickets here like cotton candy at a fair. This just proves it, this freeway is in the middle of no where (the speed limit is even 10 more than the rest of I-5) and not many people go 70 there, so I dont see what harm 11 miles over will do on a freeway, esspecialy when i'm trying to pass someone who was doing about 67. [IMG]i/expressions/face-icon-small-disgusted.gif[/IMG]
Thread Starter
Registered!!
Joined: Apr 2002
Posts: 176
Likes: 0
From: Edmonds, WA, Washington, US
Rep Power: 0 Also, what are my other options??? Besides fighting it in court and claiming not guilty (I can say he wasnt sure or that he got someone else, because he said he SAW me coming down the hill he was at a bridge, also he didnt write the specific speed on the ticket), what is that option that takes away the ticket and if i dont get another one it will be off my record???
Do me a favor and look on your summons and fill in these questions:
Date issued:
Issued by which dept (Highway Patrol, Police, etc):
Section # Cited:
Posted speed limit:
Location (Highway, which direction, which lane, etc):
Your appearance date:
Is it a radar ticket?:
Is it a laser ticket?:
Any notes the officer may have written:
All these things are important when you're deciding what route you're going to take with your defense.
If your state offers a traffic school program in order to keep points off your record you should probably go that route.
If you can't do traffic school because you have recently attended, or for whatever reason, you should fight it. You have nothing to lose. At the very least you can be convicted but still seek a court assignment to traffic school.
If you plan to fight it you should use all continuances (extensions) available to you (usually two) in order to stretch this whole thing out. If you can stretch it out a good six months your chances of getting off increase, plus if you do get convicted the points will be spread out farther across your record and not all lumped together.
If you haven't already, read these threads. They have some good general advice and strategies:
Thread 1
Thread 2
Thread 3
Date issued:
Issued by which dept (Highway Patrol, Police, etc):
Section # Cited:
Posted speed limit:
Location (Highway, which direction, which lane, etc):
Your appearance date:
Is it a radar ticket?:
Is it a laser ticket?:
Any notes the officer may have written:
All these things are important when you're deciding what route you're going to take with your defense.
If your state offers a traffic school program in order to keep points off your record you should probably go that route.
If you can't do traffic school because you have recently attended, or for whatever reason, you should fight it. You have nothing to lose. At the very least you can be convicted but still seek a court assignment to traffic school.
If you plan to fight it you should use all continuances (extensions) available to you (usually two) in order to stretch this whole thing out. If you can stretch it out a good six months your chances of getting off increase, plus if you do get convicted the points will be spread out farther across your record and not all lumped together.
If you haven't already, read these threads. They have some good general advice and strategies:
Thread 1
Thread 2
Thread 3
Thread Starter
Registered!!
Joined: Apr 2002
Posts: 176
Likes: 0
From: Edmonds, WA, Washington, US
Rep Power: 0 Here is some information from the ticket:
Location: S/B I-5
M.P: 210
County: Snohomish
Code: RCW 46.61.400
Speed: 80+ in a 70
SMD
and the comment from the officer: "Speeding"
Thats all, I have no idea what some of that stuff means...
Location: S/B I-5
M.P: 210
County: Snohomish
Code: RCW 46.61.400
Speed: 80+ in a 70
SMD
and the comment from the officer: "Speeding"
Thats all, I have no idea what some of that stuff means...
Ok. I don't know what the M.P: 210 is, but SMD is a "Speed Measuring Device", probably a radar gun.
He charged you with violating the Basic Speed Law...
RCW 46.61.400
Basic rule and maximum limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
Apparantly (according to my limited research) this is the only law Washington has regarding speeding on highways (other misc. laws exist about speeding in school zones and whatnot).
I don't know about Washington, but in California the traffic engineer for the city has to do a traffic survey on the road or highway before a radar device can be used on it. These surveys are used to determine the posted speed limit, which is usually 10mph lower than what they have deemed a safe and reasonable speed.
Assuming the same thing is done in Washington, you can call city hall and get a copy of the traffic survey for that section of road (it's a publicly available document) and build your defense saying that you were not in any danger of "colliding with any person, vehicle or other conveyance" and that your speed was justified by the traffic survey.
It's no doubt a long shot, but it's never worth it just to plead guilty, pay your fine and accept points on your record.
Call the court clerk and inquire about what options are available to you, specifically traffic school and a trial by declaration. If traffic school is a possibility, inquire about your personal eligibility to attend.
He charged you with violating the Basic Speed Law...
RCW 46.61.400
Basic rule and maximum limits.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
Apparantly (according to my limited research) this is the only law Washington has regarding speeding on highways (other misc. laws exist about speeding in school zones and whatnot).
I don't know about Washington, but in California the traffic engineer for the city has to do a traffic survey on the road or highway before a radar device can be used on it. These surveys are used to determine the posted speed limit, which is usually 10mph lower than what they have deemed a safe and reasonable speed.
Assuming the same thing is done in Washington, you can call city hall and get a copy of the traffic survey for that section of road (it's a publicly available document) and build your defense saying that you were not in any danger of "colliding with any person, vehicle or other conveyance" and that your speed was justified by the traffic survey.
It's no doubt a long shot, but it's never worth it just to plead guilty, pay your fine and accept points on your record.
Call the court clerk and inquire about what options are available to you, specifically traffic school and a trial by declaration. If traffic school is a possibility, inquire about your personal eligibility to attend.
Registered!!
Joined: Feb 2002
Posts: 540
Likes: 0
From: Minneapolis, Minnesota, US
Rep Power: 0 OMG!!11! that's so unfair! when did SPEEDING become ILLEGAL!!11
for the millionth time... STFU and pay the fine! you got caught doing something against the law!
now, lets see... why are you complaining again?
for the millionth time... STFU and pay the fine! you got caught doing something against the law!
now, lets see... why are you complaining again?
Registered!!
Joined: Dec 2001
Posts: 353
Likes: 0
From: OKC, Oklahoma, US
Rep Power: 0
Quote
[hr]Originally posted by: APS
Well it looks like you are going to either have to shoot the cop or yourself......[IMG]i/expressions/face-icon-small-wink.gif[/IMG][hr]
[hr]Originally posted by: APS
Well it looks like you are going to either have to shoot the cop or yourself......[IMG]i/expressions/face-icon-small-wink.gif[/IMG][hr]
Thread Starter
Registered!!
Joined: Apr 2002
Posts: 176
Likes: 0
From: Edmonds, WA, Washington, US
Rep Power: 0
Quote
[hr]Originally posted by: bhayes82
OMG!!11! that's so unfair! when did SPEEDING become ILLEGAL!!11
for the millionth time... STFU and pay the fine! you got caught doing something against the law!
now, lets see... why are you complaining again? [hr]
[hr]Originally posted by: bhayes82
OMG!!11! that's so unfair! when did SPEEDING become ILLEGAL!!11
for the millionth time... STFU and pay the fine! you got caught doing something against the law!
now, lets see... why are you complaining again?
[hr]
Registered!!
Joined: Feb 2002
Posts: 271
Likes: 0
From: Bossier City, Louisiana, US
Rep Power: 0 some old fart pulled me over today. said he "couldn't see my seatbelt on." wtf? he was way the hell down the road, he couldn't have seen it with a telescope. anyways, he just muffed around cuz he knew he couldn't get me for nothing, so he told me he would "take my word for it", like he was doing me some kind of a favor, whatever foo! [IMG]i/expressions/face-icon-small-disgusted.gif[/IMG]
