Legal Question in Traffic Law in Washington

Traffic ticket Issued

I was issued a speeding ticket for a car accident that I was in. No one else was involved. It was raining really hard and the car hydroplaned into an off-ramp wall. The officer issuing the ticket was not present when the accident took place and according to RCW 46.61.400 I was going to fast for the conditions. Is he still allowed to issue me a ticket that I had no knowledge I was getting at the time? (I just received the ticket 2 weeks later) And is it true that the ticket still stands even though he did not clock my speed?

Thank you


Asked on 12/06/07, 9:16 pm

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

Re: Traffic ticket Issued

Check the box indicating that you want a contested hearing and send the ticket to the court. Make a copy of the ticket before you send it in.

There is a term that applies in your situation - res ipsa loquitur, meaning "the thing speaks for itself". Modern translaton is "Isn't it obvious ?!".

Nonetheless, the court must still have evidence of the conditions at the time of the accident, that you were driving and should require some evidence of speed. Statements you made to the officer will be in his report. Be advised that the burden of proof is "a preponderance of evidence". Loosely translated, this means more probable than not. If you had to put this into percentages, it would not require much more than 50%. And this takes you back to the officer's conclusion.

Request a contested hearing. Request a copy of the officer's report. There is no need to subpoena the officer, as he can offer no testimony about what actually occurred. And if he is present, he will testify about the conditions, vehcile damage (as it relates to evidence of speed) and statements made by you.

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Answered on 12/06/07, 11:52 pm


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