Ticket Dismissed! Conditions Not Shown to be Unsafe

Posted Wednesday, August 4, 2021 by Andrew Charles Huff

A great win the other day on a “Speed too Fast for Conditions” infraction where RCW 46.61.400 requires a speed adjustment, even below the legal limit, if the conditions of the roadway require a lower speed. Examples include weather conditions or heavy traffic.

In this recent case, the officer observed my client appear to be driving fast through a vacant construction zone where heavy vehicles were parked along side the roadway. But none of these construction vehicles were impeding traffic and no other conditions appeared to be present that required an adjustment of speed below the legal limit. Additionally, there were no reference to any adverse weather conditions.

Case dismissed.