Rawr256

So coming home from work went to pass someone (was in the Trans Am) after being stuck behind them doing 40 - 45. After I got around them and started slowing down, coming around the corner is a state trooper. I have a general idea of how fast I was going but not 100% sure how fast I was going. So as soon as he sees me he flips on the lights and I pull over, I already had a feeling he was going to single me out. He turns around comes and gets the usual information and goes back to his car.

So he comes back gives me the ticket and is on his way, 88 in a 50, which I kind of have my doubts on the speed I was supposedly clocked in at. At first I was planning on just going in and getting the ticket reduced as much as possible and just paying for it in installments or whatever system they have.

Question is... should I even bother apearing to court and showing up and talking to a judge or anything? I tried to do a little digging on WA law and couldn't find anything about laws on passing people as far as speed goes, which I am sure like a lot of you, when you pass someone, you want to make sure you are going to pass them. Glancing over the ticket car is labeled as fire and color is red instead of orange which I have my doubts they would matter. Other thing I also just noticed... he didn't have me sign the ticket... which from what I understand you have to sign otherwise you have to go to the station and do some other stuff.

Any advise or suggestions? Maybe from Rottluver?

howierd42

I think they *JUST* passed legislation that you don't have to sign the ticket anymore.

To answer your question though, it would be wise to take that to court to at least tell the judge you were passing someone who you were following for some time who was traveling well under the speed limit when you passed in a passing zone and the police happened to catch you at your peak velocity. You could also subpeona the cop and ask him how many times he hit you with the gun to see if you were slowing down after you passed the slow poke. I imagine that you are looking at a ticket well in excess of $300 so you could also ask to have it differred, as long as you have not tried that in the last seven years.

It was pretty bad of the cop to do that since it is a good bet that he was watching you pass the guy before he zapped you. He was just probably trying to fill his quota, er, I mean get those tickets that his sgt was yelling at him to get before the end of the month.

Second piece of advice: invest in a Valentine.

Amorget

If you want to get it dropped, hire a lawyer.

TwoFast4Lv

iTrader: (8)

A lawer is money WELL spent. Ask ANY of us who choose this route

Rawr256

Last time I went to court for a bogus ticket (improper lane usage) I was basically laughed at and thrown out before I even said anything. Was pulled over in the GTP after being followed by a cop for two miles and I changed lanes. At first I thought it was for half of one of my taps being ripped off/falling off (thank you auto washes). He came back gave me the ticket and I took it to court with the impression from my buddies in the car that they would go with me to testify it was a bogus ticket. Judge's reasoning for making the ticket stand was "it is obvious I am lying because my buddies didn't even show up to help me and they didn't want to tell me I was wrong..."

I am going to consult with a lawyer today because I would rather pay someone to get the ticket dropped all together and someone who has knowledge and more respect in the court room than a 21 year old would. Would also rather pay them the $100 or whatever it will cost for them to go rather than pay the extra $1,000 in insurance over the next three years.

Rokko

iTrader: (2)

I concur, get a lawyer. I would guess somewhere around 400 bucks for the lawyer, but it's cheaper in the long run than the ticket and insurance rate hike.

Rawr256

Ok after doing a little bit of digging on laws on passing, looked on a website that was referencing passing people, in particular a RCW (http://search.leg.wa.gov/pub/textsea...727101133&p=1). Everything that I did applies to this and I don't see any mention of a speed limit that you have to use when passing, unless I am looking in the wrong spot for that. Think this could legitimatelly be thrown out? Anything I may be missing? Thinking back on passing the person I went to third gear (which whenever I am moving and want to get around someone is generally the gear I drop to) and passed, when I looked back down I was doing close to 4800RPM (stock gearing) which would put me right about low - mid 80's in speed. I left it in gear and started to decelerate while in gear then harder after I saw the Stater come around the corner.

So legit or no? Waiting on buddy to call and give me his dad's traffic lawyer # and will bring this point to him and see what he thinks.

krazzycowgirl

question did he say he clocked you (As in using a radar??) if he did. The file that you want to contest it & also say you want to know when the last time that Radar gun was caliabrated (sp) it suppose to be done every day before their shifts & they are suppose to carry a kit in their car as well. Plus they have to be certified to caliabrate (sp) their own radar gun.

I have a friend that is going through something like this now & we got the informaiton from a ex cop. The courts is also taking a long time to go through this case due to the fact of the guy is asking the right questions.

TwoFast4Lv

iTrader: (8)

BTW ANY THING You Post Here Or Else Where Can Be Used Against You!!!

Compstall

iTrader: (5)

MmmmmmHmmmmm....

1BAD95Z

I was just reading in the paper the other day that Monroe cops are getting 6 new cars this year...and today I think I saw one of them. A dark Grey Dodge Magnum station wagon with black wheels and 4 or 5 antennae on the top.

He drove past on a road that I turned on to, then he pulled into a parking lot and did a u turn and got behind me. I thought for sure I was going to get pulled over, but when I pulled up to a stoplight he turned on his lights, pulled around me and got the guy in front of me. Thank god! I wasn't actually doing anything wrong, but I do worry sometimes that they will get me for my Borla

My Sister-in-law just got a ticket for a dysfunctional muffler or something crazy like that, over in Yakima..What a crock! What harm is a little muffler noise doing? I mean really? Haven't they heard those Harley's running around these days! They are way louder than any of our cars...

Anyway, I got a ticket for Speeding last year and got it deferred. It goes off your record after a year, but you can't use another deferred for 7 years. and if you get another ticket in that first year, you have to pay the first ticket, and whatever the second ticket is...$$

Most everyone else usually just gets a Lawyer...I wanted to save the money...

NVME

iTrader: (1)

Rick Merrill esq. 425-259-4972

He charges $150 and can usually get the ticket dismissed all together.

dogtag

Well, I went through this awhile back. You CAN exceed the speed limit under some condtions.
Passing is one of them but you have to return to the posted speed as soon as you complete the pass.
I assume that since the guy was blocking you that you had to pass in the oncoming lane.

Washington State Law supports this at:

RCW 46.61.425
Paragraph 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.

Now, you may have had to go 100 mph to pass safely, I don't know......


DT

00Vette

iTrader: (4)

That last post is a great find!

Very nice dogtag!

Now here is the question! Was the road you passed this other car on a single lane two way road?

Did you HAVE to pass this person to get around him due to his slow speed?

Remember that this may be used in a court!

If the above all happened, I would say this ticket is an easy toss out!

Rawr256

Yes very good find on the slow speed. I had found rules about passing/overtaking people on the road and there is nothing that defines the speed. This was on a one lane(each direction) Hwy 291, it leads out of Spokane to the Nine Mile Area where I live. Speed limit is 50 the whole distance out to my house with the exception of an area that drops to 35 due to housing/store placement and the current construction.

dogtag

I'd go back and get some pictures of the "curve" the cop came around and this will help you illistrate the curve that was blocking the view of the officer as you completed your pass.
It's important that you don't try to find or point out fault with the officer.
This puts you in a good light with the Judge.
You could point out that you didn't argue with the Officer when you got the ticket because the place to bring up mitigating issues is in Court.
Describe the car you passed and the fact that is was traveling for a long time below the speed limit and that you passed in accordance with the law.
You can quote the law but have a copy ready just in case the Judge can't remember.
Assume that he can remember so you don't insult him.

You might even want to call the Police officer as a witness and ask him what he observed you doing seconds before he got you on radar.
You might be able to get him to admit that he couldn't see you until he came around the curve.
He wouldn't be able to say that you wern't passing someone.
It would be really great if you had a rider that could say you were passing.

All this would be better presented by an attorney. They are trained to
"think under fire".
Savings to your insurance would pay for his time.

Good Luck,

DT

Rottluver

iTrader: (3)

That is all well and good, but my question would be, why do you NEED to go 80+ to pass someone who is only going 40-45 according to the person who got the ticket? Not saying the ticket is right wrong, whatever but double the speed of the person to pass doesn't sound all that "safe" to me.........60-65 I could see, but much over that then it either isn't a safe place to pass (curve, hills, etc) or IMO someone was going to fast.......according to the law quoted above anyway........just my $.02 from the 3 seconds I had to read thru this.......

dogtag

Never said 80 was a good Idea....Acording to Washington State Law, though, he could have been passing though the sound barrier and not be in violation.
DT

krazzycowgirl

If you look at washington state law I do believe you have to be back in to the speed limit with in either 1/8 of a mile or a 1/4 of a mile. I dont remember which. & you can only go over the speed limit to pass but not to far over it.

So if he was truely going 80MPH & the other guy was going 45 in a 50 he should have only been traveling something like 55 or 60 to pass him.

NVME

iTrader: (1)

lol....you're such a cop.