I was driving on a street in Bellingham and it went from 25 mph to 35 mph. The police said he clocked me at 35 (via radar) in the 25 zone. the address on the ticket - I went back later and checked - is in the 35 mph zone. I plan to contest it and ...
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 attorney. The attorney will most likely be able to attend the hearing on your behalf (hard for the judge or prosecutor to ask you questions if you aren't in court!), they will probably be able to make legal motions in addition to the issue you raise about the 35 vs. 25 mph speed limit.
If you have any questions give me a call and I would be willing to give you some advice, and certainly more than willing to represent you if you want to talk about hiring me.
does the court hold the registered owner responsible if the owner cannot , or will not, identify another person as driver?
RCW 46.63.075 provides that the registered owner is presumed to be the person in control of the vehicle at the time of the infraction.
This same statute also says that the presumption (that the owner was driving) can be overcome if the owner certifies under penalty of perjury that the vehicle was either (1) stolen, or (2) in the care, custody, or control of another person.
Nothing in the language of the statute requires you to name the other person, but that isn't to say that a court will not try to ask.See question
I was going 47 in a 35 MPH zone and my ticket is $154. I realize that I wasn't supposed to get another ticket within a year's time frame or I will get penalized for both... In my 5 years of driving, this is my 2nd ticket.. does that work in my fa...
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 tickets on your record.
I have used at least two other methods to prevent tickets from hitting my clients driving record in similar situations. If you want to know more, give me a call at (206)724-2436 for a free consultation and I will share at least one of my methods with you.See question
I exited 1-90 heading toward Roslyn. The speed limit sign is placed within 15 feet of the off-ramp, and I missed it when I made a right turn north. I was going 45-50 mph or so, which is normal for a highway like that, when he jumped out from the...
Given the speed you are accused of you should certainly request a contested hearing and try to get the ticket dismissed or reduced.
Since you were on I-90 in Roslyn I am assuming that your hearing will be in either the Upper or Lower division of the Kittitas County District Court, or at least somewhere in that area. Fighting tickets in Kittitas County can be difficult, so you should consult with an experienced attorney about your case.
In Washington, the officer is not required to show you the results off of the radar or laser "gun" that they used to determine your speed. Furthermore, you seem to admit that you were traveling 45-50 mph in a 35 mph zone. I understand that you could see the 50 mph sign, but you had not reached it yet. If a prosecuting attorney is present and you choose to fight the ticket yourself they could call you as a witness and you might actually end up hurting your case more than helping. If you hire an attorney you often do not need to attend the court hearing, and can avoid being a witness against yourself.
Many attorneys are available for a price similar to the fine on your ticket, and most will offer a free consultation. Feel free to give me a call if you have any questions - (206)724-2436.
Is there any way I can get this ticket reduced since it's my third traffic violation this year?
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 you. In other courts there is no prosecutor, and your attorney will try to make legal motions to limit the evidence, or otherwise argue that the evidence is not sufficient to show that you committed the infraction.
A good attorney will know the courts in your area and be able to answer some general questions about your case. However, to give a specific legal opinion the attorney will need to see the discovery in your case, which includes at a minimum a copy of the ticket and a copy of a report written by the officer who issued the ticket.
GIven the speed you were traveling and the fact that this is your third ticket this year, I highly recommend that you speak to an attorney who handles traffic infractions before proceeding further with your case.
I was issued a speeding ticket that I believe was unjustified. There are several reasons why I believe the ticket was wrongfully issued, and I have questions and major concerns that another car was clocked instead of mine (I have a witness). I m...
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 to grant a motion to vacate the committed finding and set your case for a contested hearing again.
I would certainly recommend speaking to an attorney about this situation if you are actually serious about getting the ticket off of your record. Part of the reason that you are in this situation is that you are not very familiar with the legal system, and you need more advice than someone can give in this type of forum.
The officer got me on Lazar radar and showed the readings to me. Is this worth fighting?
Any ticket is worth fighting, but the Driver's License number issue is probably not going to get your case dismissed. IRLJ 3.1(d) allows Judges to overlook technical defects in the ticket unless the defect is the type that tends to prejudice the defendant.
There are a number of other ways to get your ticket dismissed or otherwise prevent the ticket from showing on your driving record with the Department of Licensing. The issues are too numerous to mention, and judges do not always agree on which issues merit a dismissal.
Feel free to give me a call at (206)724-2436 if you have any questions you need answered.
- AlexSee question
Got charged with going 102 in a 55
It sounds like, as of right now, all that you received was an infraction for (allegedly) going 102 in a 55 mph zone. If a prosecuting attorney reviews the case for some reason, they would likely charge you with reckless driving.
You could go to jail. Mr. Swaby pointed out the maximum penalty of 364 days in jail and a $5,000 fine. Keep in mind that most people do not receive anywhere near the maximum unless they have prior criminal history, but each case is different and you should speak with an attorney about your case to get specific advice.
If they have your picture (and/or video) is there any way to get out of it or get it reduced? Is it worth hiring an attorney for or should I just pay the ticket? Thanks!
It is possible to get out of a red light ticket. Traffic attorneys make legal motions to limit the amount of evidence at a hearing. If the attorney is successful then generally the case is dismissed.
Red light tickets are like parking tickets in that they do not appear on your record with the department of licensing, so some people simply pay them rather than hiring an attorney. A few attorneys offer their services for equal to or less than the cost of the photo tickets, but most attorneys charge more than the face value of the ticket so generally clients simply pay the fine since it should not affect insurance rates.
I have had clients hire me for red light tickets based on their belief that they did not commit the infraction. A few have said that they would rather pay an attorney than pay the city. Really it is a personal decision.
I was driving to the DMV to get my Washington drivers license. On the way there I got a speeding ticking on my British Columbia license. Will this appear on the record of my new Washington license? What are the risks if I do not pay it?
If you fail to pay the traffic infraction, you run the risk of the Department of Licensing suspending your new Washington License. If you are pulled over on a suspended license, then you will be charged criminally (rather than a civil infraction).
I advise that you pay the ticket, or consider hiring an attorney who practices in the area of traffic infractions. I have handled hundreds of tickets, and would be willing to consult with your for free if you have any questions. Feel free to call me at (206)724-2436.