Going 25 through a 20 mph park zone, officer wrote 35 in a 30. Should I challenge?

Asked over 1 year ago - Spokane, WA

Two cop cars with I assume radar. officer said they received "many complaints" from neighbors about speeders through there, so were focusing on speeders. I live there, I don't "zip" through because my own daughter plays in the park. The park was empty and my "speed" was not unrealistic. It was 10:40 on a Sunday morning, deserted.After giving me my ticket, both deputies left the neighborhood rather than continue to "focus on speeders because of the problem." I haven't had a ticket in over 10 years.

Attorney answers (5)

  1. Vitaliy Kertchen

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . The only way to win is to hire an attorney. You can't beat the ticket by rationalizing the way you just did. Another option is to ask for a deferral, although I'm not sure if that option is available for school/park zone tickets.

  2. Alexander Phillip Jensen

    Contributor Level 6

    2

    Lawyers agree

    Answered . Did you receive this ticket in a National Park or National Forest? If you did, then the case will be heard in Federal Court and is treated like a crime. If that is the case, I strongly suggest that you hire an attorney with experience in Federal Court.

  3. James D. Laukkonen

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The fine for 25 in a 20 is very likely the same as for 35 in a 30. You might have a good shot at beating this, but you really should ask to contest it, and get an attorney. If the officer was that sloppy on one part, he or she may have been that sloppy in the rest of the report, and an attorney would have the experience to know which parts are essential.

  4. Craig Andrew Cahoon

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The way to fight this ticket is to focus on the basics like does the speed measuring device work and did the officer lay a proper foundation for the admissibility of the result? Did the officer follow the correct procedures in filing the ticket against you?

    If you try to defend yourself on the basis of saying that you were ok to speed because the park was deserted then you won't be very successful.

    Having an attorney look through the case will give you your best chance to get the ticket either dismissed or reduced down to a non-moving offense.

    Craig Cahoon
    www.dontpaytheticket.com

    Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779 cahoonlaw@gmail.com
  5. Diem-Chi Nguyen

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Unless you have proof/evidence that you were actually going 25 rather than 35, what the officer says in the statement is what will go. However, this doesn't mean that you cannot contest it. You can choose to contest the ticket and bring that information up. However, that is just facts and the judge can choose to believe you or the officer based on testimony. The best way to deal with this is to contest the tickets in many different ways, like procedurally. An attorney will be able to help you with this and perhaps get it dismissed in all.

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