Legal Question in Traffic Law in Washington

ticket problem

I was recently pulled over for going

65 in a fifty on a country road. It

was a Thursday night at 1:30 am. I

passed the sheriff who pulled me

over about 6 miles back on a busier

street, however he was turning the

other direction. On that street I had

my cruise set to 50 in a 45. When

the sherrif pulled me over he said I

was going 55 in a 45, and 65 in a

50. My question is it considered

entrapment for him to follow me for

such a long distance? Also, if I had

my cruise on for 50 in a 45 and he

said I was going faster than that how

do I fight the word of a sherrif over

mine?


Asked on 2/22/08, 4:33 am

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: ticket problem

First, it's not entrapment, because the officer did nothing to entice or coerce you to speed.

Second, the issue in court will be whether you were exceeding the speed limit. If you admit in court that you were traveling even 5 mph over the posted limit, the court will find the infraction committed. How fast you were traveling (over the limt) will determine the penalty.

If your second question is how to establish that you were not traveling as fast as the officer reported (in order to reduce the penalty), and you are not contesting the violation, consider a mitigation hearing. At a mitigation hearing, you admit committing the violation, but wish to explain the circumstances and ask for leniency.

Although you are contesting the reported speed, you cannot testify under oath that you were not speeding. Most judges will reduce a penalty at a mitigation hearing if you have a good driving record.

You may want to consider asking for a "deferred finding", which will keep the violation off your record if you refrain from incurring new violations for one year.

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Answered on 2/22/08, 4:55 am


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