Washington Traffic Law Blog : Washington Traffic Lawyer & Attorney : Jon Zimmerman Law Firm : Seattle, Bellevue, Tacoma

Recently the Washington Department of Transportation released data collected January 1 - March 31, 2007, that ranked the top locations for vehicles moving faster than 90 MPH based on the highest number of vehicles traveling 90 MPH or quicker. Of the top 10 locations, 6 of them were in King, Pierce, and Snohomish Counties, in places including Issaquah, Fife, Seattle, and Tacoma. It is unknown whether every inch of state highway was tested, or whether western Washington was specifically targeted, or whether the top locations have a higher number of vehicles traveling 90 or over because more cars cross that area or if the vehicles traveling 90 or over actually amount to a higher percentage of speeding cars versus all cars that are traveling a given section of roadway. What is clear is that the State Patrol is stepping up enforcement (this means speeding tickets and other citations for traffic offenses such as negligent driving and reckless driving) in areas that it believes has a higher number of vehicles that speed.  This makes economic sense for the State Patrol - after all, the more tickets issued, there is arguably a better chance at committed findings and fines, all other things being equal. It is best for drivers to take notice of these stepped-up enforcement locations and if the unfortunate happens and you get a traffic ticket, give me a call, I can help.

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This was the topic of a recent news story, which did not get the answer quite right. The short answer is generally no, not at this time, and drivers should not go rushing to the stores to buy GPS devices to counter speeding tickets. (The exception would be if you could bring in an expert to testify about the high accuracy of GPS as a speed measuring device - and even then a court in Washington would probably be reluctant to allow such new technology into evidence). Imagine this: you're driving a long, minding your own business, and Officer TicketCop pulls you over and he issues you a speeding ticket. He tells you that your car, according to his RADAR (radio detection and ranging) device, clocked your vehicle traveling 10 miles over the posted speed limit. Simple enough, right? Not exactly. You counter that you have a GPS system, which stated that your vehicle was traveling less than the posted speed. Can you use the GPS measurement to counter the officer's RADAR unit? Not really. The law is not developed for courts to agree on using GPS as a speed measuring device. RADAR, although it has a lot of problems, has been around for a very long time, and used properly, courts will allow a measurement of speed based on RADAR into evidence. But GPS is newer and based on new technology, you argue. Well yes, that's true, but from a court's perspective, you would need an expert on GPS to vouch for GPS's accuracy as a speed measuring device as well as how it is properly used. Assuming you win on that, you would still have to show that GPS is better than RADAR, and that your GPS measurement is more accurate than the Officer TicketCop's RADAR measurement, and that you employed the GPS device correctly. GPS is used for purposes other than speed, whereas a RADAR gun is used to measure vehicle speed (and as a reason for Officer TicketCop to give a lot of traffic infractions). One of the problems with a GPS system is the user - a user would have to show that the user's GPS measurement is accurate based on the way the user employed the system. Likely a user who is also the driver would have a tough time vouching for speed and vouching that the device was being used properly at the same time. Also, while a GPS device may be useful in measuring the distance a car has traveled, and average speed over a long distance (say point Seattle to point Tacoma), there is no indication that GPS will measure one or more speeds accurately over fixed, shorter distances (say 800 feet) in a matter of seconds. If you just received a speeding ticket or any other type of traffic infraction in the State of Washington, call me, I can help.

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As local suburbs become strapped for cash, police are issuing more traffic tickets, especially speeding tickets. Take Fircrest, for example. Fircrest is a 1.5-square-mile Tacoma suburb of approximately 6,000 people situated between Tacoma and University Place. Unfortunately for drivers, Fircrest's elected officials are supportive of an increase in traffic citations. According to the Tacoma News Tribune, police issued a record number of traffic citations - upwards of 3,400 - from 2005 to 2006. Criminal citations are up a whopping 90 percent in the same time period! Officers, such as Police Chief John Cheesman (yes, that's really his name), are supported by $47,000 in overtime pay so that they may continue their extra patrols. Yes, officers are actually paid extra money to issue traffic tickets. Chief Cheesman recommends that speeders need to "slow down or go around" Fircrest. Apparently he is not very business-friendly and will not be heading Fircrest's Chamber of Commerce any time soon. Fircrest Mayor David Viafore is also "extremely proud" of the patrol program. If you have been one of the unfortunate recipients of a speeding ticket or other traffic citation in Fircrest, give me a call, I can help.

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Most people don't make a federal case out of a traffic ticket, but some people have no choice: Sahneewa Trimble is once such person. If you are issued a traffic ticket on federal property, such as at Fort Lewis Army Base in Tacoma, you will have to go to federal court if you wish to fight the ticket. In some cases, you will have to appear in federal court even if you don't want to fight the ticket. That is because federal traffic matters are often not infractions that one might receive on state highways, but many federal traffic citations are "petty offenses," for which an offender could serve up to 6 months in jail. In Ms. Trimble's case, she received six citations (some of them fairly serious). A U.S. Magistrate Judge in Tacoma dismissed two of the six citations, but the Magistrate imposed $25 penalties on three of the remaining ones. Not only had Ms. Trimble believed that she was excessively charged - more than other drivers who did the same thing on federal property that day - but she believed the $25 penalties were excessive, especially when others appearing in court on the same day were not assessed these penalties. Ms. Trimble appealed to a U.S. District Court Judge, who overruled her objection. Then, Ms. Trimble filed an appeal with the U.S. Court of Appeals for the Ninth Circuit over an amount in controversy of $75. Last Wednesday, the Ninth Circuit reversed the District Court. Judge Berzon, writing for the majority, wrote: "We reverse - demonstrating, again, that our Constitutional principles protect against monetary injuries large and small." In Ms. Trimble's case, the penalty fees were imposed on her arbitrarily based on the type of form on which the ticket was printed, and therefore the fees violated the equal protecton principles incorporated into the Fifth Amendment. As Judge Berzon observed, the imposition of the fees were arbitrary enough that it would be akin to this: people who were issued with tickets on Wednesdays or who were issued tickets with black ink had to pay the fees, but people who got blue-ink tickets or tickets on Fridays would not have to pay the fees. Such an abitrary imposition of fees is irrational, and violates an individual's Fifth Amendment protections. The case is United States v. Trimble, No. 06-30298, and the ruling in this case is one more reason why you should fight your traffic ticket!

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The Washington Traffic Safety Commission recently obtained a $600,000 federal grant, coupled with another $1.2 Million for police officers to cite drivers for seat belt violations at night, the Tacoma News Tribune reported. If we can't get money for bridges and roads, then at least the police can get money to issue drivers tickets. Beginning this past Monday night, that means more police officers issuing seat belt citations to occupants of vehicles at night and more traffic stops. And what's more, some officers will be working in groups of 8! Yes, you could be pulled over by a SWAT team! 75 law enforcement agencies around the state will be taking part in targeting drivers and passengers so that the police can issue tickets. These agencies include, but are not limited to, police in Federal Way, Lakewood, and Puyallup. What's important for drivers to remember is that unlike the cell-phone and text-messaging tickets that drivers will begin to receive in 2008 - which will be secondary offenses (see previous blog post) - a seat belt violation is considered a primary offense, so a law enforcement officer does not have to witness another violation in order to pull you over. Welcome to Washington, wear your seat belt.

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