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Dan J. Samas

Dan Samas’s Answers

90 total


  • Speeding ticket I got has the wrong date, should I fight it myself or do I need a lawyer?

    The date printed on ticket was 11/16/12, but I was cited today (10/16/12). I'm wondering if this is enough for me to fight it on my own, or should I pay lawyer's fees to have someone else handle it?

    Dan’s Answer

    That is an interesting issue. You really need someone who is familiar with the local courts and the judges as some may be lenient on this issue while others may not be. You may not want to take the chance and it makes senses to have an experienced traffic attorney on your side. Please call me if you would like to discuss further or have any questions.

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  • Speeding Ticket in WA

    I got a speeding ticket for 5 miles over the speed limit. In the state of WA I paid the fine last month. How long will this stay on my driving record?

    Dan’s Answer

    In Washington, this will stay on your Department of Licensing driving record that your insurance reviews for 3 years.

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  • I got my first speeding ticket two days ago, how do I keep this from going on my insurance?

    I'm a 20 year old, female driver with a completely clean record - this is my first ticket (besides parking tickets). The cop said I was going 85+ on I-5 South, but I sincerely doubt I was going that fast. The ticket is for $206. How do I keep t...

    Dan’s Answer

    Here are some things you can do if you send in the ticket to the court and mark the contest box. Good luck.

    Ask the court for the filing date. If the ticket was filed by the officer more than 5 business days (excluding weekends and holidays) after issuance you can move to dismiss at contested hearing.

    Ask the court for the prosecutor address. More than two weeks before your hearing date, send a request for discovery to the prosecutor via certified mail (return receipt not required) and send a copy to the court via regular mail. If you never receive anything back in the mail, you can move to suppress the officer affidavit and move to dismiss. Keep your certified receipt as proof of mailing. If you receive the officer affidavit back, but it is blank you can move to dismiss for lack of foundation.

    If the above doesn't work out...The prosecutor normally only deals with attorneys, but if one is present on your hearing date you can still approach him or her and ask if they would be willing to amend to a something that will not affect your insurance...ie inattentive driving, cell phone violation, seat belt, expired tabs.

    If none of the above work, find out if you are eligible for a deferred finding. You will pay a fee, but if you do not get another ticket for a certain time (usually one year), your ticket will be dismissed and your insurance will never see it

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  • Does a ticket have to be physicaly signed in washington state ????

    does a ticket have to be physicaly signed to be valid or is the typeing of a name a valid form of signiture on a speeding ticket

    Dan’s Answer

    To clarify my answer above, an electronic signature is just a typed name and yes this is allowed.

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  • Does a ticket have to be physicaly signed in washington state ????

    does a ticket have to be physicaly signed to be valid or is the typeing of a name a valid form of signiture on a speeding ticket

    Dan’s Answer

    An officer in WA can now sign electronically. Right above his signature there may be a statement on the ticket indicating "...I am entering my authorized user id and password to authenticate it".

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  • Whats the RCW reguarding modified exhaust in Washington State?

    The cop said that all modified exhausts were illegal in the state, but from what i have researhed, its only mod exhaust that is more then 95 DC thats illegal. Not to mention he was rude, and claimed that i have had warnings reguarding the exhaust ...

    Dan’s Answer

    Just to add another point- if you received a ticket the specific RCW should be written right on the notice of infraction. If not, you may have an argument for insufficient notice.

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  • We got a ticket for failing to give a turn signal.

    We were traveling at speed of 20 and there wasnt any other car on the road except the one that was way behind us. My husband did look all around before changing and he did push the turn signal but somehow it dint work.As we were talking abt somet...

    Dan’s Answer

    If you mitigate the fine may be reduced, but the ticket will go on his driving record and may affect your insurance rates. You may consider scheduling this for a contested hearing and if he does not prevail he can still ask the judge to reduce the fine. He can ask the court clerk when the ticket was filed by the officer, if he filed more than five business days (excluding weekends and holidays) this is generally grounds to move for dismissal. He can request a copy of all of the evidence against him by sending a certified mailing asking for discovery to the prosecutor (clerk can give you address) and also sending a copy of the request to the court. If he does not receive anything in the mail before the hearing date and his request was received at least 14 days before the hearing he can move to suppress the evidence and dismiss. Also if the officer's affidavit (the discovery) is blank or otherwise doesn't make out a case, this may be grounds for dismissal. Good luck!

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  • Are seatbelt tickets a deferrable offence in wa state

    i recently got a no seatbelt ticket and i have a clean driving record so i requested a deferral i receved a letter in the mail that says that the seatbelt ticket cant be deffered is that true or is the court just so broke in wa state they will do ...

    Dan’s Answer

    Depending on your particular situation, you may not benefit from deferring this even if you can since this is a non-moving violation and should not impact your insurance rates.

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  • I got a ticket for improper lane usage

    i took a normal left and moved into the right lane and proceeded onto the nearby freeway onramp where the cop pulled me over and ticketed me. Is there any chance for winning a challenge to this?

    Dan’s Answer

    It all depends on he situation. I can give you a sample of reasons why tickets are dismissed, but experienced traffic attorneys are trained to look at numerous technicalities to get your ticket dismissed that may have nothing to do with the facts of your case.

    For example, you can send a certified mailing to the prosecutor asking for discovery (the evidence against you) and also send a copy to the court. If you requested properly and these materials are not mailed to you before your hearing date, you can move to dismiss

    You can ask the clerk for the filing date of the ticket- if the officer does not file the ticket within 5 business days excluding weekends and holidays, you can move to dismiss. You can check if the officer charged you with the proper statute...etc.

    Of course these situations may not apply in your particular case, but my point is yes there are a number of ways that may lead to a dismissal on proper motion but these are not always intuitive to individuals who are not regularly in traffic court.

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  • Should I fight my first parking ticket?

    I just got my first parking ticket for parking in a "no parking anytime zone". But I believe it was a mistake. There is an entire block with signs that say "no parking this side" but there is a small area with a yellow curb and sign that reads "No...

    Dan’s Answer

    Even if you pay the parking ticket or go to court and are found guilty, this should not affect your auto insurance so you should not be concerned about your record. The only real impact to you is the fine. So the question is whether the $25 parking ticket is worth your time to prepare your defense, travel to and from court, and potentially wait hours in court if the judge has a full caseload. While I strongly believe speeding and other moving violations should be fought to protect the motorist's driving record and insurance rates, personally I would consider paying the $25 parking ticket and moving on.

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