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Alexander Jensen’s Answers

33 total

  • Trying to get a speeding ticket off of my record.

    In august 2010 I received a speeding ticket for 65 mph in a 55. I wasnt aware that it is illegal to speed in a passing lane. When I looked up the RCW it states that it is only legal to speed when entering the opposing lane of traffic. I saw I was ...

    Alexander’s Answer

    • Selected as best answer

    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 judgment".

    It is possible to get a judge to vacate a committed finding after more than 1 year has passed, but it is often difficult. The bottom line is that the judge has the discretion to grant you relief or not, so the judge is just as important as the facts that you bring to the table. Here, your facts are relatively sympathetic, and if that is the only ticket on your record that can only help.

    This is not the type of thing that I recommend handling by yourself. I recommend that you contact an attorney who handles traffic infractions, and who is also familiar with vacating committed findings on infractions. Please feel free to let me know if you have any questions.

    Sincerely,
    Alex
    (206)724-2436

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  • My 15 year old daughter was pulled over for coming out of a school zone too early. She was ticketed for 30 mph in a 15 mph.

    The officer told her she entered in the zone at 15 mph and traveled through at 15 mph she just came out at the blinking light doing 30 and was suppose to wait until the sign that says end of school zone to change her speed. I believe he was a l...

    Alexander’s Answer

    You admit that your daughter violated the law, and for judges in Washington that is generally enough. I cannot speak for Maine, but I can recommend that you speak to a local attorney who regularly handles traffic infraction matters.

    A good attorney should explain the options available. Many states have programs to keep one ticket off of a driver's record through a driver's school or deferred finding. If this option is available it may or may not be advisable - again a local attorney should know more.

    Given the financial ramifications I highly advise that you speak with an attorney licensed in Maine.

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  • If the officer failed to provide the arraignment date on my tickets he gave the hearing date can i miss and fight that

    If i miss the arraignment due too that date not being providing could i possibly get off or will it just extend my case

    Alexander’s Answer

    Do not simply blow off the court date. You should contact a local attorney or the court to find out your court date.

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  • How would I write a letter to the courts asking for an extention to pay on my no seatbelt ticket?

    I need to write a letter to whom it may concern on asking for an extention on paying my no seatbelt ticket how do I write the letter asking for the extention

    Alexander’s Answer

    See my answer on your other post.

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  • How can I ask for an extention on paying a no seatbelt ticket?

    I had gotten a no seatbelt ticket and I am unemploed right now so I need to ask for an extention to pay for the ticket how would I ask in orfer for me to get the extention

    Alexander’s Answer

    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 suggest that you actually attend the hearing.

    You can request a hearing to mitigate the ticket, which means that you admit that you were not wearing your seatbelt, but you ask the judge to reduce the fine. Some judges will want a reason, such as a good driving record, economic hardship, or other circumstances that justify lowering the fine.

    You can also contest the ticket - you say that you were wearing your seatbelt at the time. This may be difficult without a lawyer so you should consider consulting with one before you make your decision.

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  • Do cops have to read you your miranda rights for underage drinking?

    Cop pulled over our car, the driver was the designated driver and sober. The cop still had all of us take a breathalyzer test. I had been drinking a little and failed the test. The officer did not say what my number was but since I'm underage (18)...

    Alexander’s Answer

    I cannot speak to Texas law, but in Washington police officers have the ability to pull you over and ask you questions without reading you Miranda warnings. Generally once you are placed under arrest (you are in custody) they will read you your rights prior to questioning.

    However, just because they didn't read you your rights does not mean that you cannot exercise your right to remain silent ahead of time! If you wait for the cops to help you with your defense you will be waiting a long time.

    As the other attorneys have said - go get a lawyer!

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  • Speeding ticket in a small town speed trap.(10 over) I'm a Civil Disobedient trying to be a total pain in the ass. Suggestions?

    I am totally refusing to pay... end of story. I do not care if I go to jail or what. I will quit my job, blow up my car or live in a cardboard box on the steps of City Hall. I believe we should have a revolution Now! Ideally I would like to ...

    Alexander’s Answer

    Why are you so adamant that you not pay the ticket? Do you feel that you were not speeding? You should call and speak to a local attorney and they can probably give you more specific advice as to the local court, and to the potential consequences of not paying the ticket. Living in a cardboard box seems a bit overboard in reaction to a speeding ticket.

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  • How long does a police officer have to send you a ticket after a traffic infraction?

    I did a burn out on Sept 26th, and the officer said he would let me know whether or not I'd be cited. I received a ticket in the mail on 10/18/12. I live in Washington state.

    Alexander’s Answer

    In addition to the 5 day filing rule mentioned by the other answer, you also have the right to have a contested hearing withing 120 days of the date of the notice of infraction under IRLJ 2.6. However, if your hearing is scheduled outside of the 120 day period you must object within 10 days or else you waive the objection.

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  • I want my driver's license back without paying the credit agencies.

    I have several unpaid tickets that need to get paid but I don't want to because they are rediculous tickets that don't need to be plead guilty too.

    Alexander’s Answer

    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 recommend posting more information in a public forum such as this. Contact a local attorney and they will be able to answer your questions in greater detail, or contact the court to see if you can pull the fines from collections on your own.

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  • Wrong gender on traffic ticket... Can I get it dismissed?

    I got a ticket from Seattle and it incorrectly states that I am Male... Can I get it dismissed based on this?

    Alexander’s Answer

    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 are prejudiced. A judge is not likely to find that rights are prejudiced, and will simply move along to the rest of the hearing, which is not a good plan of action for you.

    A lawyer who practices traffic infraction law should be able to locate potential legal issues, if any, with your ticket, and will also be able to negotiate with the prosecuting attorney to discuss other resolutions that could prevent a potential increase in your insurance rates. You also would most likely not be required to attend the hearing.

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