My question involves a traffic ticket from the state of: Washington (Seattle)
I have been researching obsessively for the past week, since receiving a photo enforcement notice of infraction for speeding in a school zone. I will be attending the pre-hearing conference in about 4 weeks, and intend to contest the ticket. I know that regardless of circumstances, my best defense is to find a technicality, rather than appealing for justice/fairness. I have read several threads on here which have been very helpful, and I have a few questions. But first...
PHOTOS: The Notice of Infraction includes 2 photographs of my vehicle passing a sign post including a "school speed limit assembly." The assembly, from top to bottom (with MUTCD references), includes a beacon, SCHOOL plaque (S4-3), Speed limit plaque (SPEED LIMIT 20, R2-1), WHEN CHILDREN ARE PRESENT plaque (S4-2P), "OR" WHEN FLASHING plaque (modified S4-4P), another beacon, and lastly a PHOTO ENFORCED plaque (don't have the MUTCD reference handy). There is a website listed in order to see about a 4 second video clip of my vehicle driving past the assembly. On the top of the 2 photos, the date, time, speed limit, and speed, as well as location are listed.
OFFICERS STATEMENT: I certify under penalty of perjury under the laws of the State of Washington the following is true and correct: Based upon my review of photographs and/or video made by an automated traffic camera, in conjunction with a digital signal processing system that measured the vehicle's speed by distance over time, I have probable cause to believe, and do believe, that on the date and at the time and location indicated above, the operator of the vehicle described above was in violation of SMC 11.52.100 (Speeding in a School Speed Zone). The image recording shows the vehicle and its license plate, portrays a fair and accurate representation of the location listed above and shows that the vehicle operator was driving with a speed over the speed limit posted. The registered owner of the vehicle is named above. The Fixed Speed Camera System operates by making multiple measurements of a vehicle through the use of digital signal processing as the vehicle passes over two loops. The loops are set withing a school zone which is either 300' from the school property or 300' from a marked school crosswalk. The system calculates the loop array length and the time between loop point measurements (velocity = distance/time) and calculates a speed measurement.
Questions
1) Is the video part of the evidence in a contested hearing?
2) The notice showed up 17 days after the infraction, but the "Issue date" on the notice was 14 days after the infraction- there was no postmark, so I have no idea when it was mailed. Does the "issue date" count as the date it was mailed?
3) The "Fixed Speed Camera System" that was used- can I request certifications and calibration information on this?
4) Does it matter that the RCW is not mentioned on the NOI?
Possible defenses:
1) Move to dismiss due to lack of evidence. SMC 11.52.100 states, "...when such marked crosswalk or zone is fully posted with school speed limit signs or playground speed limit signs."
2) Too many signs: WAC 468-95-340 spells out what is the "school speed limit assembly" shall consist of- which is, "a top plaque (S4-3) with the legend SCHOOL, a Speed Limit (R2-1) sign, and a bottom plaque (S4-1, S4-2, S4-4, S4-6, or S4-501) indicating the specific periods of the day and/or days of the week that the special school speed limit is in effect..." (emphasis added) The assembly my vehicle passed had an additional plaque from those listed, as well as a PHOTO ENFORCED plaque. I would argue that this is not a proper assembly, and the additional signs/legends increase the amount of time necessary to respond appropriately. A similar defense was used a while back http://ift.tt/1SMHDYT.
3) Not enough signs: The speed limit prior to and after the school zone in the area is 35 mph. The MUTCD states that:
"Section 7B.16 "Guidance: A Reduced School Speed Limit Ahead (S4-5, S4-5a) sign (see Figure 7B-1) should be used to inform road
users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering
judgment indicates that advance notice would be appropriate."
Not only does the NOI not mention the existence of a "Reduced School Speed Limit Ahead" sign, there isn't one. I know that this is "Guidance," but I'm hoping that counts under, "specifications and guidelines."
Ok, I think that is a good start- I'm hoping to get feedback/advice on how to proceed. This is my first post, so I hope I wasn't too long-winded, or that I didn't break any forum rules/customs inadvertently! Thank you in advance for your responses- and I hope Barry is still around.
I have been researching obsessively for the past week, since receiving a photo enforcement notice of infraction for speeding in a school zone. I will be attending the pre-hearing conference in about 4 weeks, and intend to contest the ticket. I know that regardless of circumstances, my best defense is to find a technicality, rather than appealing for justice/fairness. I have read several threads on here which have been very helpful, and I have a few questions. But first...
PHOTOS: The Notice of Infraction includes 2 photographs of my vehicle passing a sign post including a "school speed limit assembly." The assembly, from top to bottom (with MUTCD references), includes a beacon, SCHOOL plaque (S4-3), Speed limit plaque (SPEED LIMIT 20, R2-1), WHEN CHILDREN ARE PRESENT plaque (S4-2P), "OR" WHEN FLASHING plaque (modified S4-4P), another beacon, and lastly a PHOTO ENFORCED plaque (don't have the MUTCD reference handy). There is a website listed in order to see about a 4 second video clip of my vehicle driving past the assembly. On the top of the 2 photos, the date, time, speed limit, and speed, as well as location are listed.
OFFICERS STATEMENT: I certify under penalty of perjury under the laws of the State of Washington the following is true and correct: Based upon my review of photographs and/or video made by an automated traffic camera, in conjunction with a digital signal processing system that measured the vehicle's speed by distance over time, I have probable cause to believe, and do believe, that on the date and at the time and location indicated above, the operator of the vehicle described above was in violation of SMC 11.52.100 (Speeding in a School Speed Zone). The image recording shows the vehicle and its license plate, portrays a fair and accurate representation of the location listed above and shows that the vehicle operator was driving with a speed over the speed limit posted. The registered owner of the vehicle is named above. The Fixed Speed Camera System operates by making multiple measurements of a vehicle through the use of digital signal processing as the vehicle passes over two loops. The loops are set withing a school zone which is either 300' from the school property or 300' from a marked school crosswalk. The system calculates the loop array length and the time between loop point measurements (velocity = distance/time) and calculates a speed measurement.
Questions
1) Is the video part of the evidence in a contested hearing?
2) The notice showed up 17 days after the infraction, but the "Issue date" on the notice was 14 days after the infraction- there was no postmark, so I have no idea when it was mailed. Does the "issue date" count as the date it was mailed?
3) The "Fixed Speed Camera System" that was used- can I request certifications and calibration information on this?
4) Does it matter that the RCW is not mentioned on the NOI?
Possible defenses:
1) Move to dismiss due to lack of evidence. SMC 11.52.100 states, "...when such marked crosswalk or zone is fully posted with school speed limit signs or playground speed limit signs."
Rationale: RCW 46.63.170 (h) states that, "Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW." Emphasis added. According to the MUTCD, there are a few signs that must be present prior to the sign assembly shown in the photos- namely signs indicating the start of a school zone, and photo enforcement. Nowhere in the officer's statement does he mention that the zone is, "fully posted with school speed limit signs..." I could go into more detail, but will not, for brevity.
2) Too many signs: WAC 468-95-340 spells out what is the "school speed limit assembly" shall consist of- which is, "a top plaque (S4-3) with the legend SCHOOL, a Speed Limit (R2-1) sign, and a bottom plaque (S4-1, S4-2, S4-4, S4-6, or S4-501) indicating the specific periods of the day and/or days of the week that the special school speed limit is in effect..." (emphasis added) The assembly my vehicle passed had an additional plaque from those listed, as well as a PHOTO ENFORCED plaque. I would argue that this is not a proper assembly, and the additional signs/legends increase the amount of time necessary to respond appropriately. A similar defense was used a while back http://ift.tt/1SMHDYT.
3) Not enough signs: The speed limit prior to and after the school zone in the area is 35 mph. The MUTCD states that:
"Section 7B.16 "Guidance: A Reduced School Speed Limit Ahead (S4-5, S4-5a) sign (see Figure 7B-1) should be used to inform road
users of a reduced speed zone where the speed limit is being reduced by more than 10 mph, or where engineering
judgment indicates that advance notice would be appropriate."
Not only does the NOI not mention the existence of a "Reduced School Speed Limit Ahead" sign, there isn't one. I know that this is "Guidance," but I'm hoping that counts under, "specifications and guidelines."
Ok, I think that is a good start- I'm hoping to get feedback/advice on how to proceed. This is my first post, so I hope I wasn't too long-winded, or that I didn't break any forum rules/customs inadvertently! Thank you in advance for your responses- and I hope Barry is still around.
Speeding Tickets: Photo Enforcement, Speeding in a School Zone- Preparing for Contested Hearing
Aucun commentaire:
Enregistrer un commentaire