I received a speeding ticket in Lewis County a couple of weeks ago, which I plan to ask for a deferral. My last moving violation was back in 2005. I was just ticketed for driving a car with expired tabs in Pierce County (a different car than that one I was cited for speeding). Does this non-moving violation disqualify me from asking for the deferral of the earlier speeding ticket? Assuming it doesn't, since the expired tabs violation is a non-moving violation, can I also ask for a deferral for this ticket as well?
DUI / DWI Attorney
Getting a new infraction for expired tabs does not generally disqualify a person for a deferred finding on an earlier speeding ticket. However, some courts have their own specific idea as to who qualifies for a deferral. Additionally, using the deferral for the speeding ticket (a moving violation) will usually not stop a person from deferring a tabs violation (a non-moving violation). A person can generally do one of each every seven years. The more important questions are should a person use his or her deferral in these situations? A deferral is generally not a preferred result. An experienced attorney should be able to give some other, and maybe better, alternatives after reviewing the specifics of each case.
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Legally, this new ticket does not disqualify you from a deferred on the previous ticket. However, a deferred is within the judge's discretion, so the judge may say no.
You cannot ask for a deferred on both tickets. Asking for a deferred on the expired tabs ticket gets you nowhere anyway, because as you noted, it is a nonmoving violation.
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