is the wrong information on the ticket enough to get it thrown out?
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is the wrong information on the ticket enough to get it thrown out?
I was pulled over by my house on my way to work two weeks ago. Most of the city is located in King County in WA, while my neighborhood is right on the border in Pierce County. I got a ticket for going 6 over in a school zone and he gave me a $234 ticket despite my perfect driving record I had never even been
pulled over. On my ticket he listed Auburn as the city correct but King
County as the county and referred it to King County Municipal Court. I had just
turned the corner onto the school zone street and slowed down when I got to his speed trip, not 100 feet from the school one sign, which was flashing. I was
back down to 20 by the time he pulled out and turned his lights on. I was also
directly behind someone so I couldn’t have been going that fast unless that
person was also speeding. It was 5 or 6 minutes before school starts I used to teach at that school so all crossing guards and student walkers were already in school. The top of the flashing sign was also covered by tree branches so you an only see the bottom one. It was a bush league ticket and I don’t believe I should have been ticketed for all the reasons listed above. Between the wrong county on the ticket, the time and lack of students and crossing guards, the partially hidden school zone sign and the fact that I had slowed down and was following directly behind someone, do I have enough to successfully contest the ticket, in your professional opinion?
Asked on July 2, 2018 under General Practice, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Most of the factors you describe are irrelevant: your prior perfect record, for example, has no bearing on whether you sped here; that you could not see the top of the school zone sign is not a legal defense (you are presumed by law to know the speed limit, and are held to it even when you don't see the sign)--especially since if you used to work at that school, you *know* there was a school zone. That you were following someone is irrelevant--he could have been speeding, too. However, the wrong county may result in dismissal, since King County courts would have not jurisdiction (or power) over an offense in Pierre County. If you can show that the spot where you allegedly sped was in King County, that may provide a basis to get the ticket dismissed.
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