My question involves a traffic ticket from the state of: Washington
I have a contested hearing in 2 days, and am representing myself.
I received a speeding ticket 2 months ago from a state patrol officer. He said in the report that I was going 58 in a 40 mph zone, which was a highway.
He listed it as S. SR 3 m.p. 34. H
He didn't state where in m.p. 34 it was, and from looking at this map https://www.wsdot.wa.gov/mapsdata/to...03/003X034.pdf of the m.p. 34 on sr 3 it is unclear which speed point it is to me.
SR 3 turns into highway 16, and one part of it is 40 mph, another is 50mph, and another is 60 mph.
When he stopped me, I told him that I thought the speed limit was 60 (I did) and did not see any posted signs. He wrote this in the report. "The defendant advised that she did not see any speed limit signs. She also advised that she thought the speed limit was 60 mph."
He wrote that he obtained the radar reading using the front antenna, that the defendant's vehicle was the only moving vehicle on the radar's beam (which I also find debatable, since there was other traffic at the time near me), and the defendant's vehicle passed my patrol car.
He used the radar in the moving mode, and my vehicle was receding his location.
He signed and dated it. I checked the radar certificates and they look current, th radar listed was BEE III radar #R2217
Although, on the next page it says he used assigned tuning forks #856712 -20 mp and #856753 -50 mp to check his smd devices at the beginning and end of his shift.
There was also a paragraph with the Pro Laser III SMD #L1544 but I am not sure if he used it since none of he boxes in that paragraph were checked and nothing was listed for the mph, so I think it waas just the bee radar.
****SO, the only things I think I could argue is that I saw the 60 mph sign (maybe), either that or didn't see any posted signs (which probably won't work). And that there were other cars at the time and a lot of traffic with my car, so it would have been hard to have my car be the only moving vehicle in the radar's beam.
I don't think or don't know how to prove anything about the radar, since the certificates were current.
I'm not subpoenaing the officer, and the prosecuting attorney will be present since this is in Kitsap County at the Kitsap Court.
Are any of these arguments good?
I have not had any tickets on my record. I have been advised that I can try to get this down to a non-moving violation, and the clerk at the prosecutor's office said I would probably get inattention to driving, which she said doesn't go on your record ( but she could be wrong).
I would prefer to get it either dismissed, if anyone can see any arguments for that, or get it reduced to a non-moving violation like a parking violation that won't go on my record.
I also can't afford to pay the ticket since I'm a student at the moment, but the court clerk said that they do sometimes offer community service options which I would request for whatever fine I end up getting.
I don't think I want to do a deferral, since it costs $210, which is a few dollars more than my ticket, and I want to try to avoid paying anything at all. A deferall also means you have to be really careful for an entire year not to get another ticket, and it goes on your driving record.
I'm also thinking maybe I should write a letter to the judge and to the prosecutor in advance, so I have what I want to say written out in case I get nervous.
***Does anyone have any suggestions for me for what to say in court, or if there is anything that can help get my ticket dismissed? Or if anything I said above is valid, or is wrong?
I have a contested hearing in 2 days, and am representing myself.
I received a speeding ticket 2 months ago from a state patrol officer. He said in the report that I was going 58 in a 40 mph zone, which was a highway.
He listed it as S. SR 3 m.p. 34. H
He didn't state where in m.p. 34 it was, and from looking at this map https://www.wsdot.wa.gov/mapsdata/to...03/003X034.pdf of the m.p. 34 on sr 3 it is unclear which speed point it is to me.
SR 3 turns into highway 16, and one part of it is 40 mph, another is 50mph, and another is 60 mph.
When he stopped me, I told him that I thought the speed limit was 60 (I did) and did not see any posted signs. He wrote this in the report. "The defendant advised that she did not see any speed limit signs. She also advised that she thought the speed limit was 60 mph."
He wrote that he obtained the radar reading using the front antenna, that the defendant's vehicle was the only moving vehicle on the radar's beam (which I also find debatable, since there was other traffic at the time near me), and the defendant's vehicle passed my patrol car.
He used the radar in the moving mode, and my vehicle was receding his location.
He signed and dated it. I checked the radar certificates and they look current, th radar listed was BEE III radar #R2217
Although, on the next page it says he used assigned tuning forks #856712 -20 mp and #856753 -50 mp to check his smd devices at the beginning and end of his shift.
There was also a paragraph with the Pro Laser III SMD #L1544 but I am not sure if he used it since none of he boxes in that paragraph were checked and nothing was listed for the mph, so I think it waas just the bee radar.
****SO, the only things I think I could argue is that I saw the 60 mph sign (maybe), either that or didn't see any posted signs (which probably won't work). And that there were other cars at the time and a lot of traffic with my car, so it would have been hard to have my car be the only moving vehicle in the radar's beam.
I don't think or don't know how to prove anything about the radar, since the certificates were current.
I'm not subpoenaing the officer, and the prosecuting attorney will be present since this is in Kitsap County at the Kitsap Court.
Are any of these arguments good?
I have not had any tickets on my record. I have been advised that I can try to get this down to a non-moving violation, and the clerk at the prosecutor's office said I would probably get inattention to driving, which she said doesn't go on your record ( but she could be wrong).
I would prefer to get it either dismissed, if anyone can see any arguments for that, or get it reduced to a non-moving violation like a parking violation that won't go on my record.
I also can't afford to pay the ticket since I'm a student at the moment, but the court clerk said that they do sometimes offer community service options which I would request for whatever fine I end up getting.
I don't think I want to do a deferral, since it costs $210, which is a few dollars more than my ticket, and I want to try to avoid paying anything at all. A deferall also means you have to be really careful for an entire year not to get another ticket, and it goes on your driving record.
I'm also thinking maybe I should write a letter to the judge and to the prosecutor in advance, so I have what I want to say written out in case I get nervous.
***Does anyone have any suggestions for me for what to say in court, or if there is anything that can help get my ticket dismissed? Or if anything I said above is valid, or is wrong?
Trial in 2 Days, What Should I Do
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