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Master_Shake · 03-02-2005, 06:54 AM

May I assume that this is for a violation of:

RCW 46.61.445
Due care required.
Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.

1. Having bald tires is not an effective defense. If you proved you had bald tires, it would only establish that you were still going too fast for conditions (one of those conditions being driving a vehicle with bald tires). You also don't have to be speeding to be driving "too fast for conditions."

An effective defense might be that the State cannot prove how fast you were going at all. Unless the guy was there with a radar detector, or you admitted how fast you were going (never confess!) they may be unable to establish that you were travelling too fast. The Magistrate may or may not buy this argument, but it's probably the best available if you choose to fight it.

Remember you have to prove that you exercised due care. If you get to argue, your argument should focus on how unreasonable someone else was driving, and that you were doing the most reasonable thing under the circumstances. If the guy ahead of you stopped short for no apparent reason, that might work.

2. It would absolutely not be better to mail your defense in. If you are going to fight this, you should appear. This will give you a chance to speak with the officer, maybe get him to lower the offense, maybe to one with a lower fine. Disobedience to a traffic control device is a favourite of mine.

If the cop won't budge or you have to fight the case, you'll need to be there to cross-examine the cop's story and point out his inconsistencies or other problems with his story.

Mailing in a defense is almost a guaranteed way of letting the magistrate accept the cop's word and issue the ticket.

As an interesting afterthought, look what else I found on the books in Washington:

RCW 46.61.665
Embracing another while driving.
It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.

03-02-2005, 06:54 AM	#93 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	May I assume that this is for a violation of: RCW 46.61.445 Due care required. Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require. 1. Having bald tires is not an effective defense. If you proved you had bald tires, it would only establish that you were still going too fast for conditions (one of those conditions being driving a vehicle with bald tires). You also don't have to be speeding to be driving "too fast for conditions." An effective defense might be that the State cannot prove how fast you were going at all. Unless the guy was there with a radar detector, or you admitted how fast you were going (never confess!) they may be unable to establish that you were travelling too fast. The Magistrate may or may not buy this argument, but it's probably the best available if you choose to fight it. Remember you have to prove that you exercised due care. If you get to argue, your argument should focus on how unreasonable someone else was driving, and that you were doing the most reasonable thing under the circumstances. If the guy ahead of you stopped short for no apparent reason, that might work. 2. It would absolutely not be better to mail your defense in. If you are going to fight this, you should appear. This will give you a chance to speak with the officer, maybe get him to lower the offense, maybe to one with a lower fine. Disobedience to a traffic control device is a favourite of mine. If the cop won't budge or you have to fight the case, you'll need to be there to cross-examine the cop's story and point out his inconsistencies or other problems with his story. Mailing in a defense is almost a guaranteed way of letting the magistrate accept the cop's word and issue the ticket. As an interesting afterthought, look what else I found on the books in Washington: RCW 46.61.665 Embracing another while driving. It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.