So, I got a photo ticket saying that I drove 29 in a 20 school zone. The thing is that the violation time is 10.48 AM.
At this time, should the lights be turning on? I passed here every day on my way to school but I never had the light turn on at this time. the date was 3/21/2012. I am in bellevue by the way. This ticket was at west bound NE8th st and 143rd ave ne.
I feel very burdened if I have to pay for a crime that I do not commit. Who decided to turn on and off these lights and cameras? I would like to have a word with them.this was an area where the lights turn on in the time of camera taking effect. I would not be able to remember if I paid attention to it, but its just that the timing is a bit amiss. Thank you for any advice
The speed citation you received is for an infraction and is not a crime. Also, these types of infractions do not appear on your driving record and are handled more like parking tickets under the law (see below link). Also note the city only has 14 days to send you the citation after the infraction and these are sometimes not issued timely.
The question of whether the lights should be on at that time could be answered by asking the city's traffic engineer, in writing under a public disclosure request (this can be done online at the link below), what the correct times are for the school zone at that location,so you will have a response showing the operation times. In your request, there is no need to mention your infraction, the lights, nor the camera. Just ask for the times the zone is in effect. If the times do not include your citation time, the flashing lights issue is moot and you can use this when contesting the infraction.
If the operation times for the school zone speed include the time you were cited, the lights need to flash to place the reduced speed limit in effect. It is the city's burden to prove the lights were flashing, and at the proper time. But you could help your case by returning there at the same time on the same day of the week and videotaping whether the lights are working, assuming any incorrect setup has not yet been corrected.
You could contest your citation by responding within 15 days and selecting the option to contest. At the hearing you could present that the lights were not flashing at time you were cited and/or that the zone is not operational at the time you were cited, if that is what you receive from the city. You can do this while waiting for a response from the city, and always have the option of paying the infraction later if you change your mind.
You have been charged with a civil infraction, not a crime. You should promptly request a contested hearing. The prosecuting authority must prove the case against you by a preponderance of evidence. Good Luck!
Answers to questions are for general purposes only and do not establish an attorney-client relationship.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not permit confidential communication.
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