WA state - Following too close - no accident

What is the name of your state?Washington State

I was recently awarded a $101 ticket for following too close on I-5 just outside of Ritzville. The limit is 70 and I had my cruize control set to 72. Another vehicle was traveling in the left lane at about 65-68 MPH. I came up behind him and waited for him to move over rather than pass him on the right. I was following closer than 2 seconds, but only for a few seconds until the other driver saw me and moved over. I was not aggressive or rude in any way and I believe my actions were safer than passing on the right would have been. The officer who gave me the ticket had not witnessed the event, but explained that an "aircraft" had spotted me. I would like to contest this, but it's a 4 hour drive just to get there. Do I have a chance? Can I get the contest moved closer to home (in Bellingham)? Are there video tapes available from the aircraft? Any answers would help. Thank you.

I also thought it was interesting that 10 miles prior to this incident a state patrol vehicle that was going MUCH faster than the speed limit (without his lights on) flew by me and was coming bumper to bumper with cars in the fast lane and then speeding by when they finally switched lanes. Double standard?

They should have written the other driver up for impeding traffic.

First, check this link: http://miahdesign.com/ticket.htm

Second, I have had the pleasure of contesting a speeding ticket (losing) and subsequently being the first person to ever appeal a ruling made by Ritzville 'interstate revenue collection' "traffic" court. I have lost my appeal but plan to continue the appeal process until such a time as justice has been served!

The aforementioned site should arm you with enough information to make an informed decision on whether to contest the ticket or not.

If the officer cited you for "following too closely" he/she should have referenced RCW 46.61.145

This RCW states: "(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions."

There is no rule about "2 seconds" and if the officer did not see you commit the infraction you should be able to find holes in his statement.

Further RCW 46.61.427 "Slow-moving vehicle to pull off roadway" states: "a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place." Therefore, IF you were actually in compliance with RCW 46.61.145 in that there was room for another vehicle between you and the other vehicle AND we were to take the RCW 46.61.427 definition of "slow moving vehicle", it would be my opinion that you were clearly not at fault. Nor would the court be able to prove by a preponderance (51% according to the Ritzville court) that you had indeed committed the infraction due to the fact that the citing officer based his citation solely upon hearsay. This track of argument could only be taken if you were to subpoena the officer in question during a contestation hearing.

Also, it is my understanding that "aircraft evidence" is not admissible in NON speeding cases. Of course "traffic courts" (Ritzville being a prime example) tend to ignore "rules of evidence" the 'doctrine of separation' and the necessity of just due process. Rather the goal of unlawful revenue collection is put ahead of justice.

NOTE: I am NOT a lawyer nor an expert in matters legal. Therefore all statements I make shall be considered my personal opinions. Any actions taken by any party based on my personal opinions shall be taken at said person's own risk.

Froggy1132 said:

I would like to contest this, but it's a 4 hour drive just to get there. Do I have a chance?

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Of course you have a chance. Though, how much of one depends on LOTS of factors.

Can I get the contest moved closer to home (in Bellingham)?

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No.

Are there video tapes available from the aircraft?

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Probably not, but you can certainly ask.

I also thought it was interesting that 10 miles prior to this incident a state patrol vehicle that was going MUCH faster than the speed limit (without his lights on) flew by me and was coming bumper to bumper with cars in the fast lane and then speeding by when they finally switched lanes. Double standard?

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Nope. For all you know, that officer may have been responding to a call. Or the local Krispy Kreme 'HOT' sign might have just come on.

Whoa, whoa, whoa, stop the presses.

I was recently awarded a $101 ticket for following too close on I-5 just outside of Ritzville.

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I-5 is a north-south interstate freeway located between Vancouver and Bellingham in Washington state. I know this for a fact, I have driven the whole freeway many times. It is located entirely within what is called Western Washinton.

Ritzville is a small farming community located in Eastern Washington. I have been there a few times. I had relatives that lived in Washtucna, an even smaller town located about 40 miles south of Ritzville. I-90, an east-west interstate freeway does pass near Ritzville.

Geography lesson over.

Can I get the contest moved closer to home (in Bellingham)?

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Nope, the court in Bellingham does not have jurisdiction. Your hearing will be in a county superior court.

also thought it was interesting that 10 miles prior to this incident a state patrol vehicle that was going MUCH faster than the speed limit (without his lights on) flew by me and was coming bumper to bumper with cars in the fast lane and then speeding by when they finally switched lanes. Double standard?

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Nope. Washington state law allow police officers to violate traffic laws as part of duties. They have 3 code levels when called for assistance. Code 1 means no lights or sirens, this is used for non life threatening emergencies.


And to correct some misinformation from appeal1.

Also, it is my understanding that "aircraft evidence" is not admissible in NON speeding cases.

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Aircraft evidence is allowed in cases of aggressive driving too. In fact the WSP has been advertising this point for the past few years. Following to closely is considered aggressive driving.

I am assuming that you do not have a CDL license.

Washington State does allow you to defer traffic tickets. If you do not receive another ticket in one year then it is dropped. Call the clerk of court and see if you can do this without appearing in court.

Hmm... I was thinking about the I-5 thing after I made my last post.

J

Racer72, do you know what the RCW #, case law, court rules, etc. are that define the admissibility of aircraft evidence? I have had a hard time finding this information.

J

appeal1 said:

Racer72, do you know what the RCW #, case law, court rules, etc. are that define the admissibility of aircraft evidence? I have had a hard time finding this information.

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Thats because you are 'looking' at it from the wrong direction. You should be looking for where it is NOT allowed. The laws are pretty much... if it isn't prohibited, it is allowed.