My question involves a federal speeding ticket from the state of Washington (in Olympic National Park)
It was my first time visiting Olympic National Park, I was traveling with my girlfriend on Olympic Highway 101 eastbound from Forks, WA back to Port Angeles, WA along Lake Crescent this labor day weekend when I was pulled over by a park ranger accusing me of speeding at 52 mph in a 35 mph zone.
The absolute truth is that I was not going faster than 45 mph along the whole stretch of Highway 101 along Lake Crescent as the road is filled with twists and turns. It was my first time driving on this highway eastbound (I had previously driven westbound toward Forks, WA earlier in the day) and I was watching the road and my speed very closely. I was driving at 40 mph before encountering a down-slope slight right turn (no other vehicles were infront or behind me), I accelerated to 42-43 mph coming out of the turn when I noticed a police vehicle parked on the side of the road as I came out of the turn. I immediately tapped my brakes, slowing my speed down to 35 mph and drove pass the police vehicle. After I drove past it, I noticed the police vehicle pulling onto road behind me and following me (lights off), I told my girlfriend to watch the police vehicle as I concentrate on driving. I maintain a 35-37 mph speed (I was paying a lot of attention to my speed at this point) for half a mile up the road before my girlfriend told me the police vehicle had turned on their lights, I immediately pull over to the side of the road.
I rolled down my window, the park ranger walked up to my driver's side window and asked how fast I was going. I replied "I was going between 35-40 mph". She then said "well my radar has you at 53 mph" (interesting note is she wrote 52 mph on the ticket), at this point I'm totally shocked and I became silent. She then asked for my license and insurance which I gave her, she went back to her vehicle for a few minutes and returned with a ticket for $125 + $25 processing fee = $150. She then instructed me that I had two options, to pay the ticket or contest it at the Tacoma court house. She then said "have a good day" and walked away, my girlfriend and I stayed calm the entire time and kept our mouths shut.
After doing some research (please correct me if I'm wrong), this is a federal offense (36 CFR 4.21 (C) exceeding posted speed limit on federal land), state laws do not apply. The description says "Exceeding Posted Speed (52/35)". I have a clean driving history since I got my license (over 15 years ago), not even a parking ticket to my name. I was driving a large SUV (Honda Pilot) loaded with camping gear, I'm not a big risk taker and I would never put my girlfriend and myself in danger of crashing into Lake Crescent by doing 52 mph on a road with steep twists and turns. I'm 100% sure the park ranger is wrong about my speed.
I know being innocent doesn't guarantee getting my ticket dismissed, especially when it is the federal court system, so I ask the experts in these forums for advice.
1. What impact does a 36 CFR 4.21 (C) offense have on my driving records and employment records (criminal background checks)? I've read that it is considered a misdemeanor in certain circumstances.
2. It is unclear how I am suppose to contest this federal ticket, if I make payment I'm admitting to guilt, but if I do nothing. They will send me a court date through the mail? Please clarify.
3. My main goal is not to have increased insurance premiums (I estimate I will have to pay an extra $100-200 per year), would it be possible to negotiate with the prosecutor by myself or do you think they will take advantage of someone without legal representation?
4. Does the circumstances regarding this speeding ticket have any merit in the courts, or will it come down to my word vs the park ranger?
5. Is it possible to negotiate with the prosecutor to dismiss the case outright, change this $150 speeding ticket into a $150 parking ticket, or traffic school/community service?
Thank you for any assistance you can provide in this matter.
It was my first time visiting Olympic National Park, I was traveling with my girlfriend on Olympic Highway 101 eastbound from Forks, WA back to Port Angeles, WA along Lake Crescent this labor day weekend when I was pulled over by a park ranger accusing me of speeding at 52 mph in a 35 mph zone.
The absolute truth is that I was not going faster than 45 mph along the whole stretch of Highway 101 along Lake Crescent as the road is filled with twists and turns. It was my first time driving on this highway eastbound (I had previously driven westbound toward Forks, WA earlier in the day) and I was watching the road and my speed very closely. I was driving at 40 mph before encountering a down-slope slight right turn (no other vehicles were infront or behind me), I accelerated to 42-43 mph coming out of the turn when I noticed a police vehicle parked on the side of the road as I came out of the turn. I immediately tapped my brakes, slowing my speed down to 35 mph and drove pass the police vehicle. After I drove past it, I noticed the police vehicle pulling onto road behind me and following me (lights off), I told my girlfriend to watch the police vehicle as I concentrate on driving. I maintain a 35-37 mph speed (I was paying a lot of attention to my speed at this point) for half a mile up the road before my girlfriend told me the police vehicle had turned on their lights, I immediately pull over to the side of the road.
I rolled down my window, the park ranger walked up to my driver's side window and asked how fast I was going. I replied "I was going between 35-40 mph". She then said "well my radar has you at 53 mph" (interesting note is she wrote 52 mph on the ticket), at this point I'm totally shocked and I became silent. She then asked for my license and insurance which I gave her, she went back to her vehicle for a few minutes and returned with a ticket for $125 + $25 processing fee = $150. She then instructed me that I had two options, to pay the ticket or contest it at the Tacoma court house. She then said "have a good day" and walked away, my girlfriend and I stayed calm the entire time and kept our mouths shut.
After doing some research (please correct me if I'm wrong), this is a federal offense (36 CFR 4.21 (C) exceeding posted speed limit on federal land), state laws do not apply. The description says "Exceeding Posted Speed (52/35)". I have a clean driving history since I got my license (over 15 years ago), not even a parking ticket to my name. I was driving a large SUV (Honda Pilot) loaded with camping gear, I'm not a big risk taker and I would never put my girlfriend and myself in danger of crashing into Lake Crescent by doing 52 mph on a road with steep twists and turns. I'm 100% sure the park ranger is wrong about my speed.
I know being innocent doesn't guarantee getting my ticket dismissed, especially when it is the federal court system, so I ask the experts in these forums for advice.
1. What impact does a 36 CFR 4.21 (C) offense have on my driving records and employment records (criminal background checks)? I've read that it is considered a misdemeanor in certain circumstances.
2. It is unclear how I am suppose to contest this federal ticket, if I make payment I'm admitting to guilt, but if I do nothing. They will send me a court date through the mail? Please clarify.
3. My main goal is not to have increased insurance premiums (I estimate I will have to pay an extra $100-200 per year), would it be possible to negotiate with the prosecutor by myself or do you think they will take advantage of someone without legal representation?
4. Does the circumstances regarding this speeding ticket have any merit in the courts, or will it come down to my word vs the park ranger?
5. Is it possible to negotiate with the prosecutor to dismiss the case outright, change this $150 speeding ticket into a $150 parking ticket, or traffic school/community service?
Thank you for any assistance you can provide in this matter.
Speeding Tickets: How to Deal with a Federal Speeding Ticket in Washington State
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