Tumwater Police

wazazzle · May 12, 2005

okey two lane road with passing stripes. here i am in a 35mph a car in front of me is doing 30mph. i take a glance at traffic ahead looks good i floor it to pass get to 45mph then got back into lane. the road turns into a 40mph zone a few meters away. as i'm back in the lane i see a tumwater police car i carefully slow back down fast. police passes then flips a bitch and i already know, so i pull over as soon as he hits lights. he states i did 48mph in a 35mph zone. i tell him i did 45mph to pass the slow car ahead of me. cop still says speeding, he ends up giving me a ticket for going 5mph over = $91..... i talk to a friend later and she says you are able to pass within going 13mph safely over the speed limit to pass. she contested her prior (same situation) and got the ticket thrown out. my delima is this, he gives me a 5mph/$91 ticket which is good - instead of a 45/48. if i contest it the 48 or 45mph whatever in a 35zone may not fly with the judge. i would have to miss work in auburn drive down to olympia for the entire day and pay the $25 court fee. I would lose about $130 for the day.. OR i could pay the $91 save a few bucks for the day working and have it on my record and insurance. I have vernfonk so my insur isn't that expensive. what do yall think????? THE LAW ME

1993c0bra · May 12, 2005

is it your first ticket. if so then go to the midigation hearing and take the diversion. I would contest that **** tho if i were you, you can always take the diversion if that doesnt fly.

tsoccer3299 · May 12, 2005

i heard awhile back that washington is one of the only states that when passing in the oncoming lane there is not a speed limit. may be wrong but just something i heard

tarch · May 12, 2005

do not pay it straight up... record will be screwed up whether you were going 110 or 41

JetBrett · May 12, 2005

tsoccer3299 said:
i heard awhile back that washington is one of the only states that when passing in the oncoming lane there is not a speed limit. may be wrong but just something i heard

No speed limit when passing? If only that were true. Unfortunately, its not.

Contest the ticket though. Most attorneys d won't charge that much to do it for you...usually a couple hundred bucks. They ask for the radar/laser information - which you are entitled to - and its rarely provided. You can do this on your own also, but it is a fairly complex process. If you don't do it right, you'll be out of luck. However, if you make a proper request or the cop does not show up, the case is usually tossed out.

If the attorney route isn't an option, contest the ticket anyway. If you have a clean record (ie. no tickets on your record) ask for a deferred sentence if you lose. With a deferred sentence you pay court costs and your fine, but your ticket is held at the court for a period of usually 6 months. If you don't get any more citations, your case is dismissed. You are still out the court costs and fine...usually the same amount as the original ticket, but it doesn't go on your record and thus, your insurance rates don't go up. Good luck.

tsoccer3299 · May 13, 2005

http://www.mit.edu/~jfc/laws.html

go to almost the very bottom. only in washington and montana may you "exceed" the speed limit when passing on a two lane road. if you click on washington it also has some more info wazazzle may want to read up on

JetBrett · May 13, 2005

tsoccer3299 said:
http://www.mit.edu/~jfc/laws.html

go to almost the very bottom. only in washington and montana may you "exceed" the speed limit when passing on a two lane road. if you click on washington it also has some more info wazazzle may want to read up on

Tsoccer, I owe you a beer. Given what we each do for a living, both my wife and I should have known this one. Dooh! Wazazzle, you've got great argument. Here's the statute you need to read to the judge at your hearing:

RCW 46.61.425
Minimum speed regulation -- Passing slow moving vehicle.

(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.

I can see a judge thinking that you were not on a "highway," but the definition of a highway is very broad in Washington. If the issue comes up, here's the other statute you need to read to the judge:

West's RCWA 46.04.197

Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Even streets in incorporated cities, such as Tumwater, qualify as "highways."
Neeley v. Bock, 184 Wash. 135, 50 P.2d 524.(1935).

Good luck!

tsoccer3299 · May 13, 2005

no problem, well id take the beer but that would be giving alcohol to minors and that law isnt as easy to get around lol. good luck with it wazazzle

BigWorm2005GT · May 14, 2005

Tsoccer, Great find! Have to remember that next time. Thanks much!

JetBrett · May 16, 2005

tsoccer3299 said:
no problem, well id take the beer but that would be giving alcohol to minors and that law isnt as easy to get around lol. good luck with it wazazzle

LOL, ok, how about a nice cold Pepsi.

98V6 K.I.T.T. · May 16, 2005

Well.....just to point out....he's got vernfonk insurance which basically says right there...."I don't have a clean record".

tarch · May 16, 2005

98V6 K.I.T.T. said:
Well.....just to point out....he's got vernfonk insurance which basically says right there...."I don't have a clean record".

no point to make it even worse

98V6 K.I.T.T. · May 16, 2005

tarch said:
no point to make it even worse

yeah...sorry, my bad

wazazzle · May 16, 2005

thanks everyone for your help! i gonna fight it even if i dont have a clean record.

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