How do I fight a speeding ticket in Washington?

Washington speeding tickets are non-criminal infractions handled by district or municipal courts.

1. Pay vs. Contest

Pay: admission, ticket reported to DOL and insurer.

Mitigation hearing: admit infraction; ask the judge for reduced fine or community service; ticket still goes on record.

Contested hearing: deny; preponderance standard; officer testimony or sworn statement may suffice unless you subpoena (CR 28).

Deferred Finding (RCW 46.63.070(5)): available once every 7 years per offense type. Judge defers finding for 1 year; if no further infractions, dismissed. Court costs apply. Not available for CDL holders driving a CMV.

2. Speed Limits & Reckless Threshold

RCW 46.61.400 sets the basic rule (70 mph default on interstates, posted).

Reckless driving (RCW 46.61.500): willful/wanton disregard, gross misdemeanor — up to 364 days jail, $5,000 fine, 30-day suspension.

Negligent driving 1st degree (RCW 46.61.5249): misdemeanor with alcohol/drug nexus.

3. Points & Suspension

Washington uses a Habitual Traffic Offender (HTO) system: 20 serious violations in 5 years or 3 major in 5 years = HTO suspension. DOL also tracks for the Driving Record Abstract; 6+ moving violations in 12 months or 7+ in 24 months can trigger reexamination.

4. Defenses & Discovery

Submit a discovery request to the citing agency for the radar/laser maintenance log and tuning-fork certification.

State v. Ford and Spokane v. Knight govern radar evidentiary foundation in WA.

Submit witness/officer subpoena via CrRLJ 4.6.

5. CDL Holders

Cannot use deferred finding to mask a CMV conviction (49 CFR § 384.226).

This is legal information, not legal advice.