ashworth102680
Junior Member
I was issued a ticket in the state of Washington. I was told I was clocked at 49 in a 35 zone. No schools or pedestrians were around. It was clear as day out and not particularly overcast.
I do not know if the policeman clocked me with laser or radar. I do not feel I was going as fast as he said I was, and I was moving with the flow of the rest of the traffic around me to the best of my knowledge.
I plan to fight the ticket, and use the speed survey laws to my advantage, but wanted to confirm here prior to my court date that what I read in a "speeding ticket fighting" book and that it would be a good defense.
What I was told in this book was this...
The source for the law given is this...
I already have a written statement from the Senior Traffic Engineer for the City stating that the road where I was cited has not been surveyed in the last 5 years.
Thanks for all responses!
Regards,
William Ashworth
I do not know if the policeman clocked me with laser or radar. I do not feel I was going as fast as he said I was, and I was moving with the flow of the rest of the traffic around me to the best of my knowledge.
I plan to fight the ticket, and use the speed survey laws to my advantage, but wanted to confirm here prior to my court date that what I read in a "speeding ticket fighting" book and that it would be a good defense.
What I was told in this book was this...
The basis for this defense is the Manual of Uniform Traffic Control Devices, which regulates traffic issues over the entire country.
The manual is long and typically uninteresting, but there is a section on street surveys that you can use for your benefit. This section says that every five years, an engineer must supervise a speed survey on each section of road to determine the speed limit.
If the speed survey was not done, or is older than five years, or did not include an engineer, this survey doesn’t count. Without the official street survey of the section of road where you were stopped, the police are not allowed to ticket you there.
If you can prove that the street survey for the street in question doesn’t exist or wasn’t done correctly, then your ticket should be considered invalid! That sounds like a worthy goal.
To get a copy of the speed survey, look up your local Department of Transportation. The speed surveys are public information, so they will have to give you a copy if you ask.
If someone tells you that there is no street survey for the section of road that you have requested, ask to get a written statement with their name, position, and date on official Department of Transportation letterhead. You will take that to court with you.
If you do get a copy of the street survey, look carefully for problems with it. Was it done on a different section of the road than where you were pulled over? Was there no engineer present? Is it older than five years?
If you find a discrepancy, take the street survey to court with you and use it as backup. You know what to do. Ask the police officer general questions about the Manual and the requirements for street surveys. Then present the evidence and ask the judge to throw out the ticket!
The source for the law given is this...
Does the fact that it's California and not Washington have any bearing or negative impact on my defense?California residents a special case law
'The PEOPLE, Plaintiff v. Wendy EARNEST'.
40 Cal.Rptr.2d 304
33 Cal.App.4th Supp. 18
The PEOPLE, Plaintiff and Respondent,
v.
Wendy EARNEST, Defendant and Appellant.
The PEOPLE, Plaintiff and Respondent,
v.
Robert PERLMAN, Defendant and Appellant.
Cr. A. Nos. 9202, 9203.
Appellate Department, Superior Court, Orange County, California.
Feb. 14, 1995.
I already have a written statement from the Senior Traffic Engineer for the City stating that the road where I was cited has not been surveyed in the last 5 years.
Thanks for all responses!
Regards,
William Ashworth