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WA: Discovery Shows Different Speed/Zone

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What is the name of your state (only U.S. law)? WA

I was ticketed coming into a small town in WA. My ticket showed 40 in a 25. I did the request for discovery and the officer's notes say I was going 46 in a 40. Mix those two up and you could get either 46 in a 25 or 40 in a 40.

He also misspelled my first name. I have a clean record except for a seat belt ticket from 5 years ago.

At the time of the stop he asked me if I saw the gas station, and said that's where the 25 mph speed limit sign was. I drove back and found it to be 45 mph at the gas station, with the 25 mph sign being 800 feet after the gas station.

He also told me I should be coming from or going to a parade or car show since I was driving a collector vehicle when the law clearly states "occasional pleasure driving" is allowed. I wasn't ticketed for this, but he didn't know the law.

Here are what I got back from discovery.

I don't see anything that says how far away my vehicle was when the SMD was operated. I also don't see a filing date on the paperwork that he turned in.

What should I do?

Thanks!

http://img40.imageshack.us/img40/3231/img010er.jpg
http://img824.imageshack.us/img824/6010/img006e.jpg
http://img842.imageshack.us/img842/7074/img008x.jpg
http://img820.imageshack.us/img820/6711/img007sr.jpg
http://img20.imageshack.us/img20/4976/img009nf.jpg
 
Last edited:


FlyingRon

Senior Member
Your ticket (if that's the thing in the third image) shows 15 miles over in a speed zone 40 or less. The affidavit says you were going 46 in a 40 with the side statement that you had also been driving in a 25 MPH zone for several hundred yards.

If you can show that the area the officer identifies as the 25MPH zone is indeed not a 25MPH zone, you can't be guilty of 15 over. Also you can try to make the point that the speed was not measured in the 25MPH zone so absent some testimony that you were going the same speed there by some other means (visual estimation) there's also no indication of our guilt.

The lack of a filing date and a spelling error on your name mean nothing.
The absence of a range from the cop to your car in the discovery means little as well.
 
I called the clerk and she said the notice was filed in one business day.

In a span of eight hours, my speedometer cable broke, I got a ticket prior to this one, ran out of gas, it got dark and the headlights started cutting out on me, and then I got this ticket.

I just paid this one as a non-moving violation. Figured why risk battling two of them.
 

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