Legal Question in Traffic Law in Washington

Re: finding technicalities

When contesting a speeding infraction, the lane and direction of travel are irrelevant. The issue is whether you exceeded the speed limit by any amount - how fast you were traveling determines the penalty. A person traveling 36 miles per hour in a 35mph zone commits the same violation as a person traveling 45mph in the same zone, he just pays a heftier fine.

Where the office was situated is relevant insofar as determining whether he has an unobstructed view or radar/laser path. It may also be significant whether he was parked or moving, depending on the device he was using.

If you would like specific information on what the officer is required to indicate in his report, contact one of the radar techs at the Washington State Patrol (or local law enforcement agency) who regulary testifies in the court where your ticket was filed. These guys are employed at public expense, and typically are happy to discuss the merits of radar devices with "ticketed" drivers. This is their universe.

Typically, requesting the presence of the officer is a bad idea. If there are errors or omissions in his report, and particularly if a prosecuting attorney is participating, the officer will correct the problems that otherwise may result in a dismissal. If there are no errors or omissions in his report, you might consider asking for a subpoena for the officer . . . and hope he doesn't show. It doesn't take any more time that sending your written request to the court. Rest assured that the officer is not going to come into court and state that he actually clocked the wrong car, or forgot to test the speed measuring device.

The burden of proof in contested hearings in a preponderance of evidence. This can be phrased as "more likely than not" the infraction was committed. When people prevail in contested hearings, it is almost always because of defects, errors or omissions or lack of foundational evidence. If you don't have time to prepare your defense, consult an experienced traffic attorney who knows what to look for.