Speeding mitigation?

[ITCampbell]

I live in Washington.

Yesterday, around ten PM, I was driving home in my new car when I got pulled over for going 63 in a 50. My last car was a 83 civic, which you had to keep your foot on the gas pedal at all times to avoid loosing speed, and after having driven it very heavily for almost two years, I keep my foot on the pedal as a habit. My new car is a saturn SL2, with some weight too it, and as I was going down hill, with my foot resting on the gas pedal, I was so tired I did not realize that i was gaining speed, until I closed on a car in front of me (who I thought was going really slow), which turned out to be a cop. Joy.

Anyway, I have never gotten a ticket before, and I want very much to keep my driving record clean. I am considering going in for a mitigation hearing to explain that it was an honest mistake, and try to do something to keep it off my driving record. My fiancée says something about a class I could attend, due to this being my first ticket, to get it off my record...?

Do you think this is worthwhile at all to try? Or will I likely get thrown out on my ear?
Also, is this mitigation hearing likely to come with court fees???
And is there anything I should know about going to this? I've never set foot in a courtroom......

[Shay-Pari'e]

Pay your speeding ticket, and be done with it.

Use your excuse in front of a judge, will only show him how immature you are.

[lwpat]

You have fifteen days to reply to the ticket. You can request a mitigation hearing which is probably your best option. Washington does not have traffic school.

[Two Bit]

That story won't get score you any points in court. You might want to rephrase it as, "I was driving a new car, and I screwed up by not realizing how fast I was going. I'm sorry." People invovled in the criminal justice system don't want to hear BS justification. Explanation and contrition go much further.

[sukharev]

Originally Posted by Two Bit

That story won't get score you any points in court. You might want to rephrase it as, "I was driving a new car, and I screwed up by not realizing how fast I was going. I'm sorry." People invovled in the criminal justice system don't want to hear BS justification. Explanation and contrition go much further.

Good advice, if you want to plead guilty with explanation, but you may still get a moving violation with points. Discuss this with prosecutor in your mitigation hearing, and if he offers you a deal with no points, just fine, take it.

Another way to handle this would be to plead not guilty, and fight the ticket. If it was a pace ticket (which you should see right on it), then officer should have his speedometer calibrated within a year (with proof presented at trial) and tested before and after the ticket was issued. Rules are slightly different in every state, but in general you can argue your way through, as long as you defend yourself against the charge as it's given, 63 in 50. In addition, you need to check if there was a sign at the location and if it was legally posted (look up speeding survey defense). If not, then statutory speed limit would apply, and it may be 55 or 65, depending on location. I am just giving pointers to you, as I am not familiar with specifics of WA laws, but you can try looking them up on the web (basic speed laws, case law for pace tickets, etc.).

Either way, good luck.

[ITCampbell]

Thanks, unfortunately, pace isn't checked and the speed limit was posted.

Is there any place I can go to look up the procedure of a mitigation hearing for this kind of thing? I literally have no idea what I should and even can due during it.

[sukharev]

If it's not pace, what is it?

Also, posted does not mean legally posted. Check if speed survey was done within 5 years, or if there is a special regulation for that road that is required to be documented. May sound lame, but officer has to prove speed limit was 50, and sign is not a proof if it was posted illegally. Again, specifics of WA are important, hope someone else who knows WA better adds to this.

You are only 13 over, anything may help.

[ITCampbell]

The box above Pace, SMD, is checked.

I'll look into the laws regarding the sign, but I do not have high hopes that it will yield me success.

One thing I really want to know is court costs.
Are there any, even, for this kind of hearing? Only if I lose? More than the cost of the ticket?

Thanks all for your input

[sukharev]

Here is a good link: [url]http://www.fringeweb.com/ticket.html[/url]

You got your priorities wrong, though, and points would cost you more in insurance costs than the court costs. So, try avoiding them by either plea bargain, asking for deferral or fighting the ticket.

[sukharev]

Here are all options available to you, reposted from [url]http://www.expertlaw.com/forums/about3262.html[/url]

"You have several options in WA:

1. Pay the fine (means you plead guilty, goes on your record, may result in higher insurance).
2. Plead "guilty with an explanation". Here you will have two options:
(a). Explain the circumstances. If you have a clean record, you will probably end up with a reduced fine (it will still go on your record and may result in higher insurance).
(b). Ask for a deferral (if you haven't gotten one in the past seven years). You pay about $100 "administrative fee" and, if you keep your nose clean for some period of time (usually six months with a clean record, one year otherwise), the infraction is dismissed (does not go on your record, insurance company is not notified). Remember, you can do this only once every seven years.
3. Plead "not guilty". Under the circumstances, this will probably be pretty hard to beat. Remember, in WA state, the officer's presence at the hearing is NOT required -- the ticket is a determination of guilt. Even if you plead "not guilty", you can always change to "guilty with an explanation" (which means you may still get a deferral, if you're eligible). "

[ITCampbell]

A deferral, eh? Why, that sounds splendid. I don't know if it is possible in washington, though... Thanks a ton for your guys' advice. Is there any proceedings I should know upon entering this court, or is it usually rather informal? In other words, will what I am supposed to do or say be told to me there or will they expect me to know stuff upon going in?

If you can't tell I am a bit nervous.