My question involves a traffic ticket from the state of: Washington
I was paced by an unmarked Washington State Patrol car while traveling west in the HOV lane on I-90. I was in the HOV lane and came upon a car driving slower than the posted speed limit. I followed the car and grew impatient and passed the car on the right and got back into the HOV lane. The traffic was light and many lanes were clear of traffic. The car I passed was an unmarked Washington State Patrol trooper. He cited me for 75 mph in a 60 mph zone. The trooper informed me I was being filmed and recorded. I asked him permission to ask him a few questions, I asked him if his car had any markings on it. He turned and walked away while stating the car did not and it wasn't illegal. I attempted to call him back to my car, but he walked quickly away. It was very clear he did not what to answer my questions.
RCW 46.08.030 (3) Allows the Washington State Patrol to be exempt of the requirements of marking requirement of subsection 2 for "general undercover or confidential investigative purposes. Traffic control vehicles maybe exempted at the discretion of the chief of The Washington State Patrol."
But, WAC 468-510-010 High occupancy vehicle (HOVs) "Motor vehicles authorized to use HOV lanes are:", Subsection (5) "Official marked law enforcement and fire department vehicles equipped with emergency lights and siren, operated by an on-duty state patrol, local, or county law enforcement personnel, "
My questions, is the trooper violating Washington Administrative Code by using an unmarked car in the HOV lane? Does WAC take precedent over RCWs or are these just policies for departments to follow? Is there a list of exempt patrol cars allowed by the chief of the WSP. Was the trooper attempting to entrap me by driving at or slower then the speed limit in the HOV lane in an unmarked patrol car?
Thank you for your opinions.
I was paced by an unmarked Washington State Patrol car while traveling west in the HOV lane on I-90. I was in the HOV lane and came upon a car driving slower than the posted speed limit. I followed the car and grew impatient and passed the car on the right and got back into the HOV lane. The traffic was light and many lanes were clear of traffic. The car I passed was an unmarked Washington State Patrol trooper. He cited me for 75 mph in a 60 mph zone. The trooper informed me I was being filmed and recorded. I asked him permission to ask him a few questions, I asked him if his car had any markings on it. He turned and walked away while stating the car did not and it wasn't illegal. I attempted to call him back to my car, but he walked quickly away. It was very clear he did not what to answer my questions.
RCW 46.08.030 (3) Allows the Washington State Patrol to be exempt of the requirements of marking requirement of subsection 2 for "general undercover or confidential investigative purposes. Traffic control vehicles maybe exempted at the discretion of the chief of The Washington State Patrol."
But, WAC 468-510-010 High occupancy vehicle (HOVs) "Motor vehicles authorized to use HOV lanes are:", Subsection (5) "Official marked law enforcement and fire department vehicles equipped with emergency lights and siren, operated by an on-duty state patrol, local, or county law enforcement personnel, "
My questions, is the trooper violating Washington Administrative Code by using an unmarked car in the HOV lane? Does WAC take precedent over RCWs or are these just policies for departments to follow? Is there a list of exempt patrol cars allowed by the chief of the WSP. Was the trooper attempting to entrap me by driving at or slower then the speed limit in the HOV lane in an unmarked patrol car?
Thank you for your opinions.
Speeding Tickets: Speeding Ticket from Wsp Unmarked Car in Hov
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