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Michael E Harbeson

Michael Harbeson’s Answers

49 total

  • Is a traffic ticket (for expired tabs) invalid if the officer entered the incorrect location on the ticket?

    The officer's lights came on, and I was pulled over, well past the location noted on the ticket (0.5 miles difference). The officer was from Mountlake Terrace, and I was clearly in Edmonds (even when his lights came on). I had a passenger in the...

    Michael’s Answer

    I would look at the court where the ticket is filed at. Edmonds has their own Municipal Court while Mountlake Terrace uses the Snohomish County District Court. If the case is filed in Edmonds you may be able to argue that the Officer didn't have jurisdiction under certain case law unless the prosecutor or the court produces an inter-local agreement with the Mountlake Terrace Police Department. If the case is filed in Snohomish County District Court you may argue that the case should have been properly filed with the Edmonds Municipal Court. However, the prosecutor or judge there may argue that the court has concurrent jurisdiction with Edmonds. My advise would be to hire an local traffic attorney that is familiar with both courts.

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  • How can I help fix my husbsnds no proof of Insurance ticket?

    My husband was pulled over for speeding in my car and could not locate my current insurancr card. After digging through my car and contacting my insurance agent, I found out my ins is expired. The renewal letter was sent to an old address. I did ...

    Michael’s Answer

    The court will reduce the fine of $550 for the no insurance infraction. Depending on the court the fines can be reduced down to $250 or even less. The more significant infraction is the speeding infraction which is a moving violation and can cause your insurance company to raise your rates. I would recommend hiring an attorney who specializes with traffic violations to at least get the speeding ticket dismissed or reduced to a non-moving type violation.

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  • I got a ticket with a violation code 46.61.400, but I wasn't speeding, what is the best option for me?

    I got a ticket with a violation code 46.61.400 (SPEED TOO FAST FOR CONDITIONS - $175), my car was flipped on freeway ramp(circle) but I wasn't speeding, but when police officer asked me, I said 30-35 mph, I don't know why I said that. I was in sh...

    Michael’s Answer

    You first need to mail in the copy of your ticket requesting a contested hearing with the court. You may want to consider an attorney who specializes with traffic violations. An attorney can help you dismiss the ticket without you appearing in court. Your other options are to explain your circumstances to the Judge without an attorney or you can also request a deferred finding. A deferred finding allows the court to not report the infraction to the Department of Licensing so long as you meet certain conditions set by the court. Those conditions can include full payment of the fine and that you have no further infractions for up to a year.

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  • I am trying to renew my driver's license after reckless driving charge.

    I have already completed my classes and done my volunteer hours but online it says there is a restriction? I can't seem to get a hold of someone at DOL. What could that restriction be?

    Michael’s Answer

    Very likely its either that you need to pay a reinstatement fee and/or that you need a SR-22 insurance broad form policy filed with DOL. Try using their website at www.dol.wa.gov. and go to the driver's license tab. In there you can click on the tab about how to reinstate your license. You give them your information and it should tell you exactly what you need to do. Good luck!

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  • My fiancé was on probation for 4th deg assault (misdemeanor ) and she left the state for 9 months.will there be a arrest warrent

    she tried getting permission to leave but he PO said it would be two month, and she had a baby and no where to live

    Michael’s Answer

    It really depends on the probation officer. If she still had requirements to complete on her case and still had to meet with her probation officer, then the probation officer could note a violation to the court. If that happens then the court would likely set a court date for her appearance and if she fails to appear for that hearing then a warrant for her arrest could be issued.

    You might want to get an explanation of what is going on with your fiancé's life to the Judge now before probation does anything.

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  • Can I have a no insurance and no tab ticket deferred in WA state>

    Just got a ticket for no tabs and no insurance ticket. Would liket to know if it could be deferres? Thank you.

    Michael’s Answer

    Yes, you can get a deferred finding for these tickets but beware! The Judge usually imposed the full fine for a deferred finding and can also order you to have no traffic violations for 12 months. The no insurance ticket alone is $550 and it is likely that expired tabs ticket you received was $124. Unless you have an insurance company like Progressive that increase your rate for no insurance tickets, these tickets are considered non-moving violations and most insurance companies will not increase your rates.

    If you had insurance at the time of the ticket and file proof to the court, the Judge would likely dismiss the no insurance ticket and impose a $25 fine. If you obtain insurance after the time of the ticket and file proof to the court, the Judge would likely give you a substantial reduce of the fine depending on your record. That fine could be reduced to as low as $150.

    I would consider how much you are willing to pay to have two non-moving violations cleared from record. You can only use one deferred finding every 7 years. I would advise not to use a deferred finding in this case unless you are facing other consequences or violations for a criminal charge like a DUI.

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  • Isn't it legal to posses marijuana in the state of Washington?

    My 20 year old son was pulled over for speeding. The officer said he smelled marijuana and my son had 2 grams on him. He gave it to the officer who then called in a dog to sniff out anymore and none was found. My son was cited for speeding and als...

    Michael’s Answer

    Under the law, there is a zero tolerance for minors in possession of marijuana. There are some very good legal challenges right now in regards to possession of marijuana charges. As the law exists right now, it may be impossible for the prosecutor to actually prove a possession of marijuana charge due to problems with the evidence technicians being able to test for active THC. The legislature is currently working to fix this problem with the law and will likely relax the testing requirement for the testing of marijuana.

    I would definitely hire an attorney who is experienced with these issues.

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  • I was pulled over for speeding mph in a 35 mph zone with a 50 mph sign in view. What charge should I expect to be mailed to me?

    When I was pulled over I was trying to pass a driver I believed to be intoxicated. I passed the sign that said 50 mph before the officer was behind me, however, he said that he caught me speeding in a 35 & I didn't argue. I have a clean record (cr...

    Michael’s Answer

    I most cases where the officer stops an individual for speeding, the officer immediately issues a citation for speeding. It sounds like in your case that he is writing a report for the prosecutor's office to decide on a criminal charge, which most likely would be Reckless Driving. The Reckless Driving charge is a gross misdemeanor that carries a maximum penalty of 364 days in jail and/or a $5,000 fine. It also has a mandatory 30 day license suspension and SR-22 insurance requirement for 3 years if you were convicted.

    Make sure that your mailing address is up to date with the Department of Licensing because you will likely receive something in the mail. In King County the prosecutor's office usually takes between 4-6 months to formally file criminal charges with the court. However, on a charge like Reckless Driving there is a 2 year statute of limitations so ultimately the prosecutor has 2 years to file charges.

    You could wait and see if the prosecutor does file criminal charges but you probably should contact a criminal defense attorney to prepare for the criminal charge. An attorney also has access to the court system and look to see if criminal charges have been filed. I would not contact the prosecutor's office at this point without an attorney. The prosecutor may decide not to file a criminal charge because your only bad driving was speeding.

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  • Can I change deferral to contest?

    Hello, I have got a speeding ticket(70+ & $110), I did go to court for mitigation and choose to take deferral. I have not paid the deferral amount yet. Now I feel I want to save my deferral for bigger cause. Can some one help me by telling w...

    Michael’s Answer

    Its probably too late to go back to court and tell the Judge that you changed your mind about the deferred finding. However, you may be able to file what is called a "Good Cause" motion. This tells the Judge of some good reasons why to vacate the deferred finding and set a contested hearing. I believe you would have a better chance of success with such a motion if you hired an attorney.

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  • Will the Judge likely give me a deferral?

    I was on I90 in King County and got a ticket for 70 in a 60 and this is my first ticket. I need this ticket off my record for insurance. When the officer gave me the ticket he told me about the mitigation process saying that would clear from my re...

    Michael’s Answer

    If you hire an attorney then the attorney should be able to change the hearing from a mitigation hearing to a contested hearing. The attorney has a good chance of either getting the ticket dismissed or having the prosecutor agree to reduce the speeding ticket to a non-moving infraction. In most courts, such as King County District Court where I believe your ticket will be filed, so long as you have an attorney representing you then you will not need to be present.

    If you want to represent yourself, it will be decided by the Judge as to whether you are eligible for a deferred finding. Most deferred findings in King County are for 12 months and you still have to pay the face value of the fine on your ticket. This means that you cannot have any traffic violations during that 12 month period. You only get one deferred finding every 7 years and the Judge has the discretion to not give you a deferred finding.

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