Alexander Phillip Jensen’s Answers

Every ticket is different. No attorney can honestly tell you they can get your ticket dismissed with this little information. There are too many variables - what law enforcement agency gave you the ticket? Was the cop using a speed measuring device like a laser or radar gun? Or did they pace you with their car or motorcycle? Maybe an airplane was used to determine your speed. In some courts prosecutors are present, and the attorney might have the option to negotiate a reduced charge for...

RCW 46.63.075 provides that the registered owner is presumed to be the driver of the vehicle. Subsection (2) provides that the registered owner may overcome this presumption only if he or she states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner. Nothing in this language requires you to name anyone else. Doesn't mean that...

Getting the ticket dismissed based on an error such as the wrong gender is unlikely. IRLJ 2.1(b)(2) requires the ticket to contain the name, address, date of birth, sex, and physical characteristics of the defendant, but this requirement is subject to the language in 3.1(d). IRLJ 3.1(d) states that the notice of infraction shall not be dismissed for defects unless the defects prejudice a substantial right of the defendant. So, you need to show the court how your substantial rights...

When did you receive the ticket? Have you responded yet? If you already had a hearing and lost then you can try and call the court to ask if they can put you on a payment plan, or refer you to an agency such as Alliance One or Signal that can you can set up a plan with. If you have not had a hearing, I would recommend requesting a hearing. The court will schedule a date for the hearing, and that will usually give you at least a month. You can use that time to pay the ticket, but I...

As Mr. Huff said, you really need to get the police report. Maybe the officer's report indicates that you were speeding in the 25, and that by the time the officer pulled you over your vehicle had already entered the 35 zone. Also, if you are asked any questions about the incident you could be faced with the choice of either presenting evidence against yourself (not a criminal case so no 5th amendment rights here) or to lie to the judge (which is a crime). I recommend hiring an...

I have a feeling that the paper you sent in was a request for hearing by mail. Many courts will give you the option to write a letter to the court explaining why you think you did not commit the infraction, rather than taking the day off of work to appear in court before a judge. Generally, you cannot appeal the judge's ruling in your case if your hearing was conducted by mail. It sounds like you were confused as to the purpose of the letter, and that may be a sufficient reason for the judge...

What you are requesting is a Relief from Judgment sought through a Motion to Vacate. See below for more detail. Traffic infractions in the State of Washington are governed by the Infraction Rules of Limited Jurisdiction (the IRLJ's for short). IRLJ 6.7(a) discusses Relief from Judgment, and refers to Civil Rule 60 for the procedure to seek such relief. CR 60 allows a judgment to be vacated for a number of reasons, including "any other reason justifying relief from the operation of the...

Did you receive this ticket in a National Park or National Forest? If you did, then the case will be heard in Federal Court and is treated like a crime. If that is the case, I strongly suggest that you hire an attorney with experience in Federal Court.

How old are the tickets that you received? If the tickets are not too old, you may be able to pull the fines from collections and avoid paying additional fees to a credit agency. Depending on the court, you might even be able to vacate the judgement and set a date for a hearing, if you never had a hearing the first time around. A local attorney who understands infraction law would be able to give you better advice if you were to provide more information regarding your case, but I don't...

A good attorney will be familiar with the court holding your contested hearing and should be able to give you some general advice such as whether or not a prosecutor will be present. Your overall clean driving record could potentially benefit you, depending on where you received your two tickets. The best option would be to have the new ticket dismissed to prevent it from affecting your old ticket. However, there are other options available that can prevent you from having one or both...