Mitchell Reuben Greene's Answers

What should I do when I received this response to my discovery request from the attorney's office?

The Court rule that you need is IRLJ 3.1 (see link http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=IRLJ&ruleid=cljirlj3.1 ) If the prosecutor fails to provide the information (officer's report) timely then you should make a motion to dismiss pursuant to the above rule. You do not need to take the extra step of asking the Court, the prosecutor appears to be relying on the Court to do their work.

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Washington State speeding - traffic ticket deferral laws

Deferral's in Washington are discretionary pursuant to RCW 46.63.070. The best way to determine is to call the court clerk and ask the procedure based on which Judge it will be set before.

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Is it possible to get my traffic ticket dismissed if the officer wrote the wrong car model, make and wrong license plate?

It is a requirement pursuant to IRLJ 2.1b4, that appears to be mandatory, but IRLJ 3.1d specifically talks about sufficiency and that there must be prejudice for it to be insufficient. That being said it depends on what court, whether there is a prosecutor there and whether you decide to hire an attorney. I would recommend that you consult one to be able to make a reasoned decision about how to proceed.

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I was pulled over for speeding in Snohomish County, Washington.

The answer is yes; however, you must be prepared when you appear in Court, so you must bring some form of recognized proof that this road is in Snohomish County. The Court rule you should then cite is both IRLJ 2.2(d) - that the officer must file it in the correct jurisdiction and IRLJ 2.3, venue, that if it's not brought into the proper Court then it shall be dismissed by either party without prejudice.

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Can a driver on an intermediate licence defer a speeding ticket?

Having an intermediate license does not stop your son from being eligible for deferring the traffic ticket. Some Courts could require his deferral period to be longer (newer driver) or to attend a traffic school. However, since the deferral option is discretionary to the Judge, some Courts don't allow deferrals at all (rare), and if this were the case it still wouldn't matter about his intermediate license. His best course of action is either deferring this ticket or hiring an attorney (...

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What is the penalty for a Neg 2 driving offense? Can I defer the ticket?

The monetary penalty is $550 and the insurance ramifications are somewhat serious. Kent Municipal Court will allow you to do a deferral if you haven't done one before (I believe their requirements are $150 and one year of no tickets; however, sometimes they change to 6 months if you have nothing else). They also have a pre-hearing procedure that if you are going to do yourself then you need to let them know that you are requesting a deferral and I believe they allow you to do it by mail or...

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Should I do a deferment or fight my cell phone ticket?

You should not defer this ticket, Mr. Munson is correct. There are defenses to this type of ticket per the statute, namely, that you were using an earpiece (sounds unlikely) or that the call was for an emergency (to prevent harm). You could go to Court and allege these, but if not successful then you could just mitigate the ticket there. However, if appearing is an issue then it would make sense to do a mitigation by mail explaining your issues and your good record and the Court should...

Deferred ticket in Washington State

All deferments are from the time of the court hearing. You must not have any violations from the point of the court hearing forward. The time periods vary by jurisdiction, anywhere from an instant deferral to 30 days, 3 months, 6 months up to a year. If the new ticket is after the deferral time period then the old or deferred ticket will not go on your record.

I just got a ticket for modified exhaust and glazed/tinted window in wa. state. How do I fight this?

These are both non-moving violations. You could do a deferral, some Courts will allow both to be deferred. However, I would try to not use your deferral if possible. With respect to both violations I would take all of your paperwork to the Court to show them that you bought the car in that manner. In terms of the exhaust, the RCW is very specific indicating a specific decible level that the officer needs to establish (rarely done). With respect to the tint, there are also specific rules...

I received a citation in the mail today and was told that a officer id me as a driver of a car. I was never pulled over.

Unfortunately officers can cite this way. They usually use DOL pictures and only do this if they feel it was really necessary to cite you. If you have proof that you were not the person then I would make sure to get that proof together. In the meanwhile, you should still respond to the ticket and contest the matter, you could also ask for an I.D. hearing, wherein the officer would have to show and confirm it was you.