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The street address police wrote on my speeding ticket for doing 35 in a 25 mph zone IS a 35 mph zone. OK to contest?

Bellingham, WA |

I was driving on a street in Bellingham and it went from 25 mph to 35 mph. The police said he clocked me at 35 (via radar) in the 25 zone. the address on the ticket - I went back later and checked - is in the 35 mph zone. I plan to contest it and take in photos. Does this sound okay?

Attorney Answers 3

Posted

Have you requested the officer's report? That will be considered by the judge as the primary piece of evidence along with the radar certification, etc. The citation, for the most part, is simply a charging document but still must comply with some requirements. But it is the officer's report you must obtained by following the proper discovery rules. You can give it a try on your own in court but you are rolling the dice.

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6 comments

Asker

Posted

On the ticket, above where the officer signed, it says "i certify under penalty of perjury....at the location above..." and the 'location above' is not in the 25 mph zone.

Andrew C Huff

Andrew C Huff

Posted

Unfortunately, that will not help you. You are referring to where the officer filled out and signed his report at. That does not appear to be the location where the speed sign was posted.

Asker

Posted

That kind of doesn't make sense. It specifically says "At the location above". Shouldn't he have written in the location where he says I was above the limit?

Andrew C Huff

Andrew C Huff

Posted

Again, you need to get the officer's report. But when you mention "location" are you referring to where the incident occured or the certification language location where he indicates where he signed the report at? Can you email me a copy of the ticket?

Asker

Posted

I can only see one Location listed on the ticket. What address should I email it to?

Andrew C Huff

Andrew C Huff

Posted

andrewhuff@ahufflaw.com

Posted

As Mr. Huff said, you really need to get the police report. Maybe the officer's report indicates that you were speeding in the 25, and that by the time the officer pulled you over your vehicle had already entered the 35 zone.

Also, if you are asked any questions about the incident you could be faced with the choice of either presenting evidence against yourself (not a criminal case so no 5th amendment rights here) or to lie to the judge (which is a crime).

I recommend hiring an attorney. The attorney will most likely be able to attend the hearing on your behalf (hard for the judge or prosecutor to ask you questions if you aren't in court!), they will probably be able to make legal motions in addition to the issue you raise about the 35 vs. 25 mph speed limit.

If you have any questions give me a call and I would be willing to give you some advice, and certainly more than willing to represent you if you want to talk about hiring me.

- Alex
(206)724-2436

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Asker

Posted

Shouldn't the judgement be based on the address written on the ticket, not where he may "say" he clocked me? The ticket specifically says Location: ............. and then where he signed his name it says 'under penalty of perjury...the location above..."

Alexander Phillip Jensen

Alexander Phillip Jensen

Posted

I definitely agree. That is what SHOULD happen in a perfect world. However, courts often give officers some leeway in filling out the tickets. As I said, if the report conflicts, then the judge may give the cop the benefit of the doubt. And this does not even address what happens if the court or prosecutor asks you to clarify the matter. At the end of the day, it is nice to have a backup plan if you really want to win. Most of the time factual defenses (I didn't do it, that wasn't the right location, it must have been the car next to me) simply do not work.

Posted

I agree with both previous answers and yes you should contest and your chances are better with an attorney to show the street signs and ask you the questions you need to show there is a problem with the citation.

Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

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