Fight Camera Speeding Tickets: Spokane Drivers' Guide

Spokane, Washington has been increasing the number of speeding cameras in the area. These cameras are intended to improve public safety and make up for the lack of traffic enforcement personnel. However, some residents argue that these cameras are simply a way for the city to generate revenue. If you receive a speeding ticket in Spokane, there are a few ways to fight it. You can request a calibration test of the speed reader or subpoena the ticketing officer to appear in court. You may also qualify for a deferral or hire an attorney to get your ticket reduced to a non-moving violation. It's important to note that school zone tickets are taken very seriously and are less likely to be reduced due to the importance of child safety.

Request a calibration test of the speed reader

If you've received a speeding ticket in Spokane, you may be wondering if you can request a calibration test of the speed reader. Here are some important things to know about this process:

Understanding Speed Reader Calibration

Before exploring how to request a calibration test, it's essential to understand what speed reader calibration entails. Speed readers, also known as radar guns or lidar guns, are devices used by law enforcement to measure the speed of vehicles. Calibration refers to the process of checking and adjusting these devices to ensure they provide accurate speed measurements. Proper calibration is crucial because inaccurate readings can result in incorrect speeding tickets.

Requesting Calibration Records

When fighting a speeding ticket, you may consider requesting the calibration records of the speed reader device used by the police officer. These records can provide information about the device's accuracy and maintenance history. However, it's important to note that the reliability of these records may vary, and they might not always be enough to get your ticket dismissed. Nevertheless, if you can demonstrate that the device was not properly calibrated or maintained, it could help your case.

Understanding the Process in Spokane

In Spokane, Washington, the use of speeding cameras to monitor and enforce speed limits is a growing trend. These cameras are typically placed in specific areas, such as school zones, parks, and hospitals, to capture vehicles exceeding the speed limit. If you receive a speeding ticket based on a camera capture, challenging the calibration of the device might be more complex.

Exploring Your Options

While you may not have the authority to request an immediate calibration test of the speed reader device, you have other options to contest the ticket:

• Subpoena the ticketing officer: In court, you can subpoena the officer who issued the ticket. If the officer does not show up or provide sufficient evidence, the report may be excluded, potentially weakening the case against you.
• Introduce evidence of inaccuracy: While you cannot directly request a calibration test, you are allowed to present evidence that the speed reader device provided an inaccurate measurement. This could involve providing alternative speed records from your vehicle's GPS or phone data, indicating a different speed from what the officer recorded.
• Seek legal assistance: Consider consulting a traffic ticket attorney who can guide you through the legal process and help you build a strong case. They may advise you on specific strategies, such as requesting a mitigation hearing or exploring the possibility of a deferral program.
• Review the radar gun's calibration records: As mentioned earlier, requesting the calibration records of the radar gun used can be a crucial step in identifying potential issues with the device's accuracy or maintenance.
• Understand the eligibility for electronic mitigation: Spokane County offers an Electronic Mitigation program for certain types of traffic violations. To be eligible, you must submit your request within 30 days of the violation date, have a scheduled court date, and meet other specific criteria.

Remember, the specific laws and procedures regarding speeding tickets and calibration tests may vary by location, so it's always a good idea to consult with a local legal professional familiar with the laws in Spokane, Washington.

Subpoena the ticketing officer

If you are contesting a speeding ticket in Spokane, you may want to subpoena the ticketing officer to appear in court. This is because, if the officer does not show up, the ticket will usually be dismissed. However, if the officer does appear in court, they can supplement any missing information on the citation when they testify. Therefore, it is generally one of the least effective methods of dealing with a speeding ticket. If the officer made any errors or omissions in their report, they can correct these in court.

To subpoena the ticketing officer, you must first serve them with a subpoena. This is a legal document that commands the officer to appear in court. You can obtain a subpoena from the court clerk's office. Once you have the subpoena, you must deliver it to the officer in person. This can be done by a process server or a law enforcement officer. It is important to note that you may be responsible for any fees associated with serving the subpoena.

When subpoenaing the ticketing officer, it is essential to consider the potential consequences. If the officer appears in court and provides additional information or evidence, it may strengthen the case against you. Additionally, if you have already used your deferral option, as mentioned in your query, subpoenaing the officer may be less effective. In such cases, consulting an attorney is advisable to explore other ways to keep the violation off your insurance record.

In conclusion, while subpoenaing the ticketing officer is an option when contesting a speeding ticket, it may not be the most strategic approach. It is recommended to consult with a legal professional to discuss your specific circumstances and determine the best course of action.

Provide evidence of inaccurate speed reader

If you have received a speeding ticket in Spokane, you can request a calibration test of the speed reader in the officer's car. The radars are certified periodically, and these certificates are on file with the court. While there is no authority to request a test of the unit, you are free to introduce evidence that it is inaccurate.

To introduce evidence of an inaccurate speed reader, you can use GPS or phone data that shows your mph/date/time stamp. This will help you build a case to fight the ticket. You can also request "discovery" of the evidence against you, and if the state does not comply with this request, you can request a dismissal, as they are withholding evidence.

If you have evidence that the speed reader was inaccurate, you can use this as a defence in court. You can also request a mitigation hearing, where you admit to the infraction but explain the circumstances and request a reduced fine.

Request a mitigation hearing

If you have received a speeding ticket in Spokane, Washington, you may be able to request a mitigation hearing to seek a lesser fine. This option is available if you do not wish to contest the ticket. At the hearing, you will admit to committing the violation and then explain why you hope the judge will reduce the fine. The judge may or may not reduce your fine after considering your explanation, the officer's report, and your prior traffic or criminal history.

To be eligible for electronic mitigation in Spokane County, you must submit your request within 30 days of the violation date. You must also have a currently scheduled court date with Spokane County District Court, with the request submitted at least 2 days prior to the hearing. Additionally, you must have received a Qualified Notice from Spokane County District Court, with the request submitted at least 2 days before the due date.

It is important to note that certain charges are not eligible for mitigation as the penalty cannot be reduced. These include speeding in a school or construction zone, failure to yield or pass emergency vehicles, and passing a school bus with lights flashing.

If you are considering challenging your speeding ticket, there are a few steps you can take. Firstly, mark the contest option and send in your request. You may receive a letter with an option to pay a reduced fine or request a court date. Request the court date and "discovery", which will provide you with all the evidence against you. Based on the officer's report, you can then find or present evidence that contradicts their testimony. If the state does not comply with your request for evidence, you can ask for a dismissal, as they are withholding evidence. Remember to not miss your court date and request a continuance if needed.

Plead the Fifth

Pleading the Fifth Amendment is a right against self-incrimination. This means that you have the right to remain silent and not testify during your trial. However, if you choose to plead the Fifth and remain silent, the jury or judge may find you guilty based on the testifying officer's testimony.

In the case of a speeding ticket in Spokane, Washington, you may be able to get your ticket reduced or dismissed by following certain steps:

• Mark the ticket as "contest" and send it in.
• Request a court date.
• Request "discovery" to receive all the evidence against you.
• Find evidence in your favor that contradicts the officer's testimony.
• Don't miss your court date. You can request a continuance if needed.

Additionally, you can subpoena the ticketing officer, which means they must show up to court. If the officer does not appear and has not been subpoenaed, their report may still be read as testimony. If they have been subpoenaed and do not show up, their report is excluded.

You can also introduce evidence that the speed reader in the officer's car is inaccurate, although there is no authority to request a test of the unit. You may qualify for a deferral, but this is risky if you think you may get cited again within a year, as the deferred ticket will then go on your record.

Another option is to use a service like Off the Record to hire an attorney to get your ticket reduced to a non-moving violation. This will be more expensive than paying the fine but will keep the citation from being reported to your insurance company.

Frequently asked questions