Dan J. Samas’s Answers

Dan J. Samas

Issaquah Speeding / Traffic Ticket Lawyer.

Contributor Level 10
  1. We got a ticket for failing to give a turn signal.

    Answered over 3 years ago.

    1. Dan J. Samas
    2. Theodore W. Robinson
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 2 years ago.

    1. Jeannie Patrice Mucklestone
    2. Dan J. Samas
    3. Andrew C Huff
    4. Scott Weymouth Lawrence
    5. Michael Curtis Greenberg
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

  3. Are seatbelt tickets a deferrable offence in wa state

    Answered over 3 years ago.

    1. Dan J. Samas
    2. Philip N Petersen
    3. Dean Tze-Ming Chuang
    4. John Francis Byno IV
    4 lawyer answers

    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.

    2 people marked this answer as helpful

  4. Traffic ticket deferal

    Answered almost 4 years ago.

    1. Dan J. Samas
    2. Scott Weymouth Lawrence
    3. James Michael McKain
    3 lawyer answers

    Generally a deferral will be allowed in this situation as long as she hasn't used one before in the past seven years. However since all deferred findings are up to the discretion of the judge, you can call the court clerk and find out the policy that is generally followed in the court (some judges actually do look at prior record when they consider a deferral). As an aside, experienced traffic attorneys generally try to look at other options before using a deferral. For example, first they look...

    1 lawyer agreed with this answer

  5. I have been told that the court sometimes offers to change a traffic violation to non traffic. How is that done,

    Answered over 4 years ago.

    1. Dan J. Samas
    2. Scott Weymouth Lawrence
    3. Travis S Jones
    3 lawyer answers

    Some courts, but not all, have prosecutors who attend hearings that have the authority to reduce the charge from a state violation that gets reported to the department of licensing (which your insurance company will see) to a local violation that does not get reported to the department of licensing. Often these offers are given to traffic attorneys who have leverage, but occasionally a motorist can strike a deal. In order to get the best resolution, I suggest that you contact a traffic attorney...

    1 lawyer agreed with this answer

  6. How do I fight this ticket?

    Answered over 4 years ago.

    1. Dan J. Samas
    2. Scott Weymouth Lawrence
    3. Jeffrey Alan Lustick
    3 lawyer answers

    Avoiding the accident and being charged under the wrong statute are two possible defenses. You may want to also attack from a procedural standpoint if possible. For example, was the ticket filed within 5 business days- if not you can move for dismissal. If you request discovery through the proper channels and do not receive- you may also get the case dismissed. A skilled traffic attorney would not just rely on the avoiding accident defense because the judge may not buy it. Traffic attorneys are...

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. Peter Michael Schneider
    2. Dan J. Samas
    3. Theodore W. Robinson
    3 lawyer answers

    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...

    1 person marked this answer as helpful

  8. Should I fight my first parking ticket?

    Answered over 3 years ago.

    1. Jon Michael Zimmerman
    2. Dan J. Samas
    3. Thuong-Tri Nguyen
    4. Andrew Daniel Myers
    4 lawyer answers

    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'...

    1 person marked this answer as helpful

  9. Another Washington state "Negligent driving" ticket (but I live in Florida)

    Answered over 3 years ago.

    1. Dan J. Samas
    2. Jon Michael Zimmerman
    3. Linda Medeiros Callahan
    4. Scott Weymouth Lawrence
    4 lawyer answers

    Neg driving 2nd degree is a serious traffic violation. If you were charged with 1st degree this would constitute a criminal charge. Whether you can get the ticket reduced or dismissed outright depends on the circumstances. More often than not, a successful outcome is dependent on properly attacking an officer's affidavit through motions on technicalities rather than the motorist's version of the events. Experienced traffic attorneys know how to look for defects or techniclities to get these...

    1 person marked this answer as helpful

  10. My request for discovery came with a blacked out Serial# on the Radar, is this dismissable?

    Answered almost 4 years ago.

    1. Linda Medeiros Callahan
    2. Dan J. Samas
    2 lawyer answers

    If there is a serial number listed somewhere in the information you received and the court has a matching speed measuring device certificate on file at the courthouse (which is certified within 2 years), then you may still be out of luck. If the officer indicates that the radar was in moving mode, there is an additional foundation element for moving radar where the officer should also state something to the effect that the speed indicated in the Radar patrol speed window was verified with...

    1 person marked this answer as helpful