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Wrong statute, right description

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CBR

Junior Member
What is the name of your state (only U.S. law)? Washington.

I was issued a speeding ticket (paced) a couple weeks ago. Officer wrote down all of the correct information, except for the RCW. He wrote down 46.61.520 (vehicular homicide) instead of 46.61.525, but the description correctly states Negligent 2nd.

I filed for discovery today and the ticket remains the same. I've never been to court before, however, so I'd like to know exactly what to tell the judge. Any tips on what to say or previous court cases to cite would be very helpful.What is the name of your state (only U.S. law)?
 


I_Got_Banned

Senior Member
What is the name of your state (only U.S. law)? Washington.

I was issued a speeding ticket (paced) a couple weeks ago. Officer wrote down all of the correct information, except for the RCW. He wrote down 46.61.520 (vehicular homicide) instead of 46.61.525, but the description correctly states Negligent 2nd.

I filed for discovery today and the ticket remains the same. I've never been to court before, however, so I'd like to know exactly what to tell the judge. Any tips on what to say or previous court cases to cite would be very helpful.What is the name of your state (only U.S. law)?
If the ticket remains the same might suggest that you are being charged with hitting someone who died as a result of injuries sustained in the accident. That is a CLASS A FELONY...

And you think your defense is going to be limited to making a few simple statements in open court???

Best tip anyone can give you on this forum is: GET AN ATTORNEY!
 

racer72

Senior Member
A lot is going to depend on the judge you get. Speaking from a King County p erspective after have attended many court sessions in the county, some judges will dismiss based on the wrong statute, some won't. If I was in your situation I would plead not guilty and ask for a dismissal with prejudice based on the fact you cannot provide a valid defense to the citation based on the wrong RCW written on the citation. If granted, you walk, if not granted, ask for a continuance and hire an attorney.
 

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