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Anyone ever seen a traffic ticket like this?

Zohan

Regular Member
Joined
Jan 12, 2012
Messages
34
Location
US Navy
#21
Oh? Then why is it 65 and 70 on parts of I-5 and I-90 that are still in Washington?
It would seem you did not read my whole post thoroughly nor the RCWs cited. RCW RCW 46.61.400 establishes the normative max speed limit for WA at 60mph, RCW 46.61.410 gives authority to the Secretary of Transportation to raise the speed limit after an engineering and safety study whose findings would support the change to a higher speed limit...hence the 65 and 70mph limits on parts of I-5 and I-90.

Your argument is interesting though as a comparison to California law. In CA there is a basic speed law and Max speed law. The max speed law establishes 55mph for undivided highways and 65 for divided highways. CA law states that one cannot exceed these max limits unless a higher speed limit is posted (as they have some roads that are above 65mph). Under the basic speed law if one exceeds the posted limit but does not exceed the max speed limits for divided/undivided highways then they can succesfuly contest the ticket if they were otherwise driving safely for the time of day, the road surface, the weather, etc AND there was no study conducted in the last 7 years to support the posted speed limit. In contrast Washington law establishes maximum speed limits for highways, towns, etc, making no distinction between divided or undivided roadways. In CA if one exceeds the statutory max speed even in a zone with an arbitrarily posted speed limit (one with no supporting study) they are in violation of the max speed law (as opposed to violating the basic speed law) and cannot argue they were otherwise driving safely.

Again, there is nothing in the RCWs that requires WA state to conduct a study to set the max speed of a highway to 60mph other than the study used when the roadway was originally designed. The fact that a study may not have been conducted by the state to determine if the speed limit could be safely set higher for the section of road the OP's relative was stopped and cited is not material.

If you disagree then state your argument(s),

-Z
 

Last edited:

J1MB0B

Regular Member
Joined
Dec 15, 2011
Messages
239
Location
Tacoma, Washington
#25
Rule IRLJ 3.3 (c) Rules of Evidence.
The Rules of Evidence and statutes that relate to evidence in infraction cases shall apply to contested hearings. The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing...

The designated spot for the officer's report has the statement making that page a written report made under oath and an electronic signature. The "case report" has no statement, signature(electronic or otherwise), or any identifying information at all that links it to her or the notice of infraction. One would think that if it had the labeling that the other pages have in the margins with the identifying info it would be included, but this page could have come from anywhere.

Smoking gun or too much of a stretch?
 

Zohan

Regular Member
Joined
Jan 12, 2012
Messages
34
Location
US Navy
#26
Smoking gun or too much of a stretch?
I think it is something that one may be able to use in their favor, but it depends if the Judge will lend the officer the benefit of doubt in the matter that the page containing the statement is indeed a part of the file and just an admin oversight for not being properly marked. This is one of those cases where it is best to consult with a lawyer who deals with traffic violations as knowing how a judge would respond to something like this is a matter of experience.

-Z
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
3,994
Location
Cincinnati, Ohio, USA
#27
Woah! This is interesting. My friend works with a very good DUI lawyer and I can ask her about this. She has great knowledge about traffic tickets. Whenever I am in trouble, take her help only. Because of her help, my uncle’s punishment was reduced when he was charged for DUI.
Did you join the forum just to advertise attorney services on a four year old post?
 

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