Too Fast for Conditions

[Bluethunder1]

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

I actually have two separate tickets I have questions about.

1) Too Fast for Conditions

I was on SR 203 at around 7:30AM and made a perfectly legal pass on a stretch of clear road around 3 miles long. The cop was radaring the other direction and clocked me at 80MPH(in a 55).

We got into town where he pulled me over. He explained to me that my pass was perfectly legal and thus, I was not breaking the speed limit. He then asked if I had a temperature gauge in my car and said that it was 25 degrees out, and that made it unsafe. He slapped me with "Too Fast for Conditions" [RCW: 46.61.400.1]


There was no sign of ice, it was not raining, it was not foggy, and I could see for miles up the road. ..."In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care."

I know for myself that what I did was in no way dangerous, an even with my increased speed I find it hard for the officer to argue that I was a danger to anyone else. It would also make sense to me that the temperature gauge in his car is not "calibrated" or enough to stand on legally to say that my actions were dangerous.

60 in a 50

Also on 203, I was pulled over for 60 in a 50. It was a speedtrap, I have no plans on fighting this ticket on any legal grounds, it couldn't be more clear cut. However, I received this ticket. In May of 2008. Nearly a year ago. I sent it in asking for it to be sent to traffic court. Somehow, the ticket got "lost" in red tape. I never got any letters of any kind about the ticket. I checked online and its status was "pending." It took the previously mentioned ticket for them to realize their error and they sent my court dates for these two incidents. I asked for a mitigation hearing for this ticket.

Do I have any grounds to throw the ticket out for the trial being so delayed?

Thank you for your time.

 

[The Occultist]

1) Too Fast for Conditions
[/B]
I was on SR 203 at around 7:30AM and made a perfectly legal pass on a stretch of clear road around 3 miles long. The cop was radaring the other direction and clocked me at 80MPH(in a 55).

So, you're saying that it's legally acceptable to go 25 above the limit when making a pass? I tried some searching to confirm this, but I was unable to do so. If you can link me to some information to support this theory, I'd appreciate it.

He slapped me with "Too Fast for Conditions" [RCW: 46.61.400.1]


There was no sign of ice, it was not raining, it was not foggy, and I could see for miles up the road. ..."In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care."

I know for myself that what I did was in no way dangerous, an even with my increased speed I find it hard for the officer to argue that I was a danger to anyone else. It would also make sense to me that the temperature gauge in his car is not "calibrated" or enough to stand on legally to say that my actions were dangerous.

You need to read the full section.

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.

(a) Twenty-five miles per hour on city and town streets;

(b) Fifty miles per hour on county roads;

(c) Sixty miles per hour on state highways.

The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.

(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

According to the full section, traveling at a speed in excess of the limit is driving too fast for conditions, always.

 

[Bluethunder1]

So, you're saying that it's legally acceptable to go 25 above the limit when making a pass? I tried some searching to confirm this, but I was unable to do so. If you can link me to some information to support this theory, I'd appreciate it.

RCW: 46.61.425

"(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety."

The officer said he radared the other cars when they passed at 50. 5 below the posted speed limit. My pass was legal, by his own admission.

According to the full section, traveling at a speed in excess of the limit is driving too fast for conditions, always.

This obviously cannot be true, seeing the above RCW.

In addition, it appears in my research that this ticket is almost always given out in accident situations. If you crashed into someone while it was raining, you were going too fast, and thus the ticket.

Thanks.

 

[The Occultist]

at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety."

That seems a little vague, and I can't seem to find more information into what that entails.

The officer said he radared the other cars when they passed at 50. 5 below the posted speed limit. My pass was legal, by his own admission.

You'll pardon me if I don't assume that to be a final end-all.

This obviously cannot be true, seeing the above RCW.

I do find it odd that the statute regarding speeding doesn't make mention of the statute that permits it.

In addition, it appears in my research that this ticket is almost always given out in accident situations. If you crashed into someone while it was raining, you were going too fast, and thus the ticket.

You're following a bad line of logic on this one. While true, causing a collision will likely get you such a ticket, a collision is not actually necessary for you to have been driving too fast.

Keeping that in mind, and assuming I'm mistaken about the passing laws, even if making what would normally be a legal pass, if the officer decides that conditions are too bad, in this case, there was a high potential for ice I guess (and yes, this is something that is subjective), then you can still receive this ticket which has nothing to do with your passing.

Due to it being subjective, it may be possible for you to beat this. You should certainly look into getting a decent traffic attorney. Local attorneys know best what the courts want to hear, and as such present the highest potential for yielding the most favorable results. Many attorneys will offer free/cheap consultations, so you should take advantage of this and sit down with a couple to see what insight they may have to offer.