Let's take this one issue at a time ... First, the fact that you didn't get a ticket at the scene unfortunately doesn't mean that you can't get one later. Under Washington law, police officers have the option to send a ticket to you later. They don't have to cite you at the scene. They have to send it to you within a defined time period (generally no more than a year after the infraction), but it looks like the officer did that in your case. The fact that he sent you the ticket isn't...
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Not only CAN you fight it, you SHOULD fight it. Under IRLJ 2.1(b)(iv), the copy of the traffic ticket given to you has to contain the date, time and place of infraction. If the officer wrote down the wrong county and the wrong location, that should be enough to get the ticket dismissed. You probably also have a whole bunch of legal and procedural arguments that an experienced attorney could uncover pretty quickly. My guess is that this officer was in a hurry and, in addition to the...
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If you refused to take the breath test, and have no other DUI convictions in the past seven years, the mandatory minimum sentence is 2 days in jail (or 30 days electronic home detention), a 2 year driver's license revocation and a $1,120 minimum fine. You will also have to get an alcohol evaluation and go to a DUI victims' panel. Keep in mind, those are the minimum terms if you are convicted of DUI. If you are convicted, depending on the facts of the case, the judge could sentence you to...
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You need to contest the ticket (box #3 on the back of the ticket). Once you do that (you might have already), the court will give you an option to submit arguments in writing. I tell my clients never to do that. It is much better to appear at court (even better, to have an attorney appear for you) to make all of the arguments in person. In addition, there are usually procedural problems with the ticket that are better argued in person and that you might not even know about. If you have a...
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The short answer to your question is 31-41 months. That is the standard sentencing range for Robbery 1 if the defendant has no other felony convictions. Unless there are "aggravating circumstances," the accused would receive a sentence somewhere between 31 and 41 months. It is difficult to say whether a judge would impose a "low end" 31 month sentence or a "high end" 41 month sentence. The judge has a lot of authority to choose a sentence as long as it is between 31 and 41 months. The...
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Lets take the issues one at a time ... First off, that is a brutal ticket. $465, ouch. I sympathize. This is a great example of how officers can get folks to say things that REALLY damage your chances at trial. I'm not sure exactly what you said to the officer, but depending on what you said and what the officer wrote down, this could be tough. It sounds like you admitted to speeding (38/39 in a 35). You may have also admitted to not seeing the kid (if there was one). Finally, it...
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With all due respect to my colleague, I disagree with her answer. First, a Washington cell phone ticket is not a "moving violation" that will affect your insurance rates. It will go "on your record" but is no different than a seat belt ticket or driving with expired tabs. Neither contesting the ticket nor paying it will result in increased insurance rates. If you are hoping to keep the ticket off your record, you need to contest it. That is the only way to make the State prove their...
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I mostly agree with my colleague, with the following exceptions. First, the police don't need to have reasonable suspicion that you committed a crime. If they have reasonable suspicion that you committed a traffic violation (speeding, driving outside your lane, etc.), they can stop you. If, during that stop, they are able to establish probable cause that you are DUI, they can then arrest you. Second, although officers can lie to you about the reasons they stopped you or whether they had...
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I am sorry about this ticket. You ask a lot of questions. I will try to answer them one by one. First, there is a fairly new state law that authorizes officers to "electronically" sign e-tickets. There should be language on the back that talks about the officer logging on, completing the ticket and using his password. That works as an electronic "signature." To answer the rest of your questions, I would need to look at the back of the ticket. There are LOTS of procedural and...
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Sorry this happened to you, especially with your husband overseas. That is a pretty expensive ticket too, 22 over the limit. Checking box 2 (for a mitigation hearing) won't defer the ticket. If you check box #2, you are admitting that you are guilty and the ticket will go on your recorrd. What you need to do is check box #3 (to contest the ticket). You can then decide, once you get to court, to defer the ticket or fight it. Deferring it means that you agree to drive without getting...
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