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Jeffrey Alan Lustick
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Jeffrey Lustick’s Answers

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  • Paid parking fell off the window and i was issued a ticket. Can i contest this and if so what should i do?

    downtown seattle

    Jeffrey’s Answer

    Yes, you can fight this by going to the municipal court and asking for a contested infraction hearing. Keep your paid parking sticker and bring it to court and tell the judge what happened. In my experience, when you take the time to go to traffic court and actually hand up tangible proof to back up what you are saying, most judges will give you the benefit of the doubt. Sometimes this means they dismiss the ticket completely, sometimes it means you get the fine reduced.

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  • Are photo enforced tickets required to list the traffic violation committed on the ticket?

    This occurred in Lynnwood, WA, and the ticket did not state what violation was committed. I thought ALL tickets must state the infraction that you allegedly violated.

    Jeffrey’s Answer

    • Selected as best answer

    Yes, under the Infraction Rules used by traffic courts, all notices of infraction whether issued by a human or a computer, must contain a written notice of the actual infraction which the defendant is alleged to have committed and be listed with a statutory citation or ordinance number. The notice of infraction must also have the date, time, and place where the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer.

    In your case, if the notice of infraction is missing the actual alleged offense, you should ask for a contested infraction hearing and move for dismissal of the ticket under these rules. Remember, you only have 15 days after the date you receive the ticket to request a contested hearing.

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  • What will i be charged with for Reporting a false statement?

    The person is being charged with assualt 2- strangulation, and unlawful imprisonment. For my false statement, I feel Bad and wish to know what i will be charged with for this.

    Jeffrey’s Answer

    It all depends on the mood of the case. A lot of times, victims get a free pass when then recant. Prosecutors listen to recantations all the time and in some domestic violence cases, they expect them. Sometimes prosecutors disbelieve recantations, but they may act to drop charges against a defendant any way. Usually a recanting victim will have no ramifications because prosecutors do not want to have a victim tagged with a perjury charge. Victims have a high percentage of becoming victims again and a perjury charge would potentially undermine the victim's participation in any future cases. Where the case is NOT a DV case, the preceding can be less true, especially when the motive of the victim was to lie about what happened and get the defendant in trouble. In either case, you need a qualified defense lawyer to assist you in recanting to properly ensure that you will not face any serious trouble.

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  • Speeding ticket in WA state

    Caught speeding ina 40 MPH zone. cop was driving oppsite side of teh road and said i was doining 60 MPH when my GPS was saying 47 ( maybe 50 highest) I had a passenger ( 31 years old ) and on teh ticket he wrote me for 195$ USD he checked off no ...

    Jeffrey’s Answer

    Yes, fight the ticket. This sounds fishy, perhaps like the radar or laser gun in the oncoming police car may have been not properly calibrated. But also know that your GPS will not be a 100% reliable "silver bullet" in beating the ticket. GPS can be off as far as a ground speed goes depending on a lot of technical factors. The witness in the car could be helpful if he/she actually saw your speedometer.

    You may also consider hiring legal counsel to handle your ticket for you. When I handle these sort of things I use my knowledge and experience to look into the maintenance and calibration of the speed measuring device. Usually hiring a lawyer on a ticket like will cost you less than $250, and once hired, you do not need to attend court.

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  • I got a ticket for not wearing my seat belt.

    The officer pulled me over and issued me a ticket for failure to wear a seat belt, but I was wearing it, I always wear it! He tried real hard to convince me that I wasn't wearing it and went as far as telling me if I would only have agreed with hi...

    Jeffrey’s Answer

    • Selected as best answer

    Within 15 days of the date the office gave you that ticket, you need to return it to the clerk's office with box three on the back checked, so you can request a contested hearing. The clerk's office will set a hearing date and time. Your hearing date probably won;t be for a few months from now, so prepare for your hearing by writing down - RIGHT NOW - what happened so the recent events are recorded and fresh in your mind. Then go to the hearing and read off your version of events. Be sure to tell the judge that you are reading something that you prepared right after the incident. Give the judge all the details and speak with clarity and honesty. Fighting your ticket in this manner is all that an honest person can do. Far too often we as citizens back down when we should be fighting for our freedom.

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  • Will Washington State extradite from Oregon over a misdemeanor probation violation?

    I've heard there's no statute of limitations on a PV, but was curious. It was a failure to report after moving to AL over 13 years ago.

    Jeffrey’s Answer

    Under R.C.W. 10.88.415, a person wanted for a probation violation, can be extradited more easily between states than a person who has a warrant for a pending, non-adjudicated misdemeanor. Under law, where a person is wanted for a pending crime and is found to be outside of the state, the Governor of Washington must sign a warrant and send it to the Governor of the state where the person is being held. It is correct, that when it comes to the process of extradition, the most typical subject matter involves a felony charge, but nothing in the law denies the state to extradite people wanted on misdemeanor warrants.

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  • Wife has no criminal record what so ever, she is. Charged with possession / with intent and reckless driving.

    She got into a crash that didn't involve any other person or property, fell asleep at the wheel and rolled her Car, the investigating officer found a pipe and two dif bags containing small amounts of meth, all was Under a gram total, she has no ...

    Jeffrey’s Answer

    Your wife needs to speak with a local attorney as soon as possible. The Whatcom County Prosecutor's Office usually takes a very aggressive stance on any methamphetamine possession cases and it's unfortunately pretty likely in my opinion, that she could be facing felony charges for this situation.

    Most of the time, hiring a defense attorney before charges are actually filed, can help to reduce the charges or even avoid them entirely. She will want a defense lawyer on the reckless driving charge anyway, since our local prosecutors will probably seek jail time for that offense.

    Once again, I recommend speaking to a local attorney who is familiar with the Whatcom Superior Court.

    Feel free to call my office here in Bellingham for this assistance.

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  • How do you get a speeding ticket deferred

    I was going 52 in a 35 on my way to school because i didn't want to be late l with 5 other cars behind me and a motorcycle cop singled me out when he was hiding in a drive way

    Jeffrey’s Answer

    When you receive an infraction citation (i.e. a "ticket") in Washington State, you have four options. First, pay the ticket at full face value to the clerk of court within 15 days from the date the ticket was issued. This can be a good option if you are busy, or from out of state, or if you have neither the time nor the motivation to fight the ticket in any way.

    Second, you can request a mitigation review. This allows the court to take into consideration your driving record and any information you may have to offer about the situation which tends to lessen your guilt but not excuse it. Most courts require you to appear at a mitigation hearing and at least ask for a reduction of the fine in person. If your driving record is not too good, you can be denied any mitigation. Some courts also allow you to submit a written mitigation letter in lieu of actually appearing in court.

    Third, you can ask for a contested infraction hearing to fight the ticket entirely. This hearing actually forces the state or city to prove the allegation against you. In the courts I work in, the prosecutor are greatly stepping up their efforts to win more and more of these hearings because most have tight budgets and most want money for their court.

    As far as a deferred goes, this is your 4th option, and it's an option only if you request a contested or a mitigation hearing. Under state law, you can petition for a "deferred findings" on one moving violation and one non-moving violation every seven years. If the deferred is granted, you'll have to pay a deferral fee to the court, and you will have to go the next 12 months without receiving any more tickets.

    After the 12 months is up, the court dismisses your ticket, and during the 12-month period, the ticket is NOT reported to your insurance company. But if you mess up and get another ticket, the deferral gets cancelled, and you receive a notice in the mail from the court clerk demanding the full face amount of the fine on the ticket, and if you do not pay it, they will suspend your license.

    Courts can charge a lot of a deferral these days. A few years ago, the fees were typically $50 per ticket, but some court I have dealt with, now want more than the face amount of the ticket! I saw one court the other day that wanted $300 to grant a deferred findings on a $142 ticket!

    Good luck.

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  • Defer a speeding ticket?

    Okay I was going 54 in a 35 late at night and this is my first ticket ever am I able in the city of Lakewood, WA to defer this ticket?

    Jeffrey’s Answer

    When you receive an infraction citation (i.e. a "ticket") in Washington State, you have four options. First, pay the ticket at full face value to the clerk of court within 15 days from the date the ticket was issued. This can be a good option if you are busy, or from out of state, or if you have neither the time nor the motivation to fight the ticket in any way.

    Second, you can request a mitigation review. This allows the court to take into consideration your driving record and any information you may have to offer about the situation which tends to lessen your guilt but not excuse it. Most courts require you to appear at a mitigation hearing and at least ask for a reduction of the fine in person. If your driving record is not too good, you can be denied any mitigation. Some courts also allow you to submit a written mitigation letter in lieu of actually appearing in court.

    Third, you can ask for a contested infraction hearing to fight the ticket entirely. This hearing actually forces the state or city to prove the allegation against you. In the courts I work in, the prosecutor are greatly stepping up their efforts to win more and more of these hearings because most have tight budgets and most want money for their court.

    As far as a deferred goes, this is your 4th option, and it's an option only if you request a contested or a mitigation hearing. Under state law, you can petition for a "deferred findings" on one moving violation and one non-moving violation every seven years. If the deferred is granted, you'll have to pay a deferral fee to the court, and you will have to go the next 12 months without receiving any more tickets.

    After the 12 months is up, the court dismisses your ticket, and during the 12-month period, the ticket is NOT reported to your insurance company. But if you mess up and get another ticket, the deferral gets cancelled, and you receive a notice in the mail from the court clerk demanding the full face amount of the fine on the ticket, and if you do not pay it, they will suspend your license.

    Courts can charge a lot of a deferral these days. A few years ago, the fees were typically $50 per ticket, but some court I have dealt with, now want more than the face amount of the ticket! I saw one court the other day that wanted $300 to grant a deferred findings on a $142 ticket! Highway robbery!

    I do not know specifically what the city of Lakewood is doing in its traffic court. That city was one of the first in the region to get red light cameras and is known for being greedy when it comes to tickets.

    Good luck.

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  • I have an intermediate drivers license in WA? Is inattentive driving a good deal?

    Would an amendment of a speeding ticket to inattentive driving still be considered a violation for purposes of my WA intermediate driver's license? I have been told that unlike a non moving violation, inattentive driving may not get coded by the D...

    Jeffrey’s Answer

    Inattentive driving is a city code violation and is not part of the RCWs or the state's model traffic code. It is also correct that an amendment from speeding to inattentive driving will not go on your drivers abstract because violations of city code are not accepted at DOL for filing purposes. As such, this will also not be reported to your insurance company, so your insurance rates should not increase.

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