Seattle, WA asked in Traffic Tickets for Washington

Q: If you get pulled over for speeding by Washington state patrol and they admit to driving 10 mph over can they ticket you

I was driving on the freeway and my life 360 app tracks my movement and speed and it says I was doing 72 and he said he was doing 70 and if I was only doing 10 over he wouldn’t have pulled me over but in my app it says I was doing only 10 over is that enough to fight it in court? I then asked how fast I was supposed to be going he said 60 I said so does that mean you were doing 10 over he said yes and if I was only doing 10 over he wouldn’t have pulled me over I then said ok thank you and took the ticket but I don’t know if I should just pay it or fight it and if it would be worth getting a public defender or if I could just fight it on my own? Any information you can give me would be very helpful thank you in advance I also only have 3 weeks to reply so the sooner the better

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2 Lawyer Answers

A: Yes, officers are allow to exceed the posted speed limit, so long as they do it safely. How else would they catch up to someone who was speeding, for example?

The problem with relying on your app is that you do not know how accurate that it is, ad are likely to be able to produce evidence that it is indeed, accurate. Even if you could, you have only provided proof that you were speeding 10 mph over the limit which is still speeding.

There are many things that an experienced traffic lawyer might be able to do to keep the violation form your driving record, and from your insurance rates. Possible increase in insurance rates is the real reason most people hire a traffic lawyer, as those increases could run from $700 to $2000 over the next three years that the violation will be on your record.

Your best course at this point is to call a traffic lawyer and speak with them. Most offer a free consultation.

A: Keep an eye on the time to respond, it is probably two weeks, not three. There is no harm in requesting a contested hearing and investigating your options, but you will not get a public defender for a speeding ticket. You'll either fight it on your own or hire a lawyer, the court will not provide one for you.

Finally, the speed measurement from your app is not likely to be considered by the judge; the result of any speed measuring device is only admissible if proper foundation is laid for its reliability. Consult the WA court infraction rules for the details.

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