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Negligent Driving ticket received a month later.

Bellevue, WA |

On the mornign of April 11th, I wrecked my motorcycle and suffered major inguries. I wasn't able to speak with the arriving officer. During my 7 day hospital stay, I spoke with the officer twice while on heavy pain medication. I informed the officer that I didn't recall how the wreck happened and that I wanted to speak with an attorney. On May 12th, I recieved a ticket in the mail for the following offenses:

Negligent Driving 2nd
No Motorcycle Endorsement
Failed to Wear Protective Helment

My questions are as follows:

1. The officer signed the ticket on May 8th and listed the accident happening on April 1st 2008?! How many days does the officer have to file such a ticket?

2. I'm currently battling a car speeding ticket. Would this motorcycle ticket negatively effect the option for tcket waiver or amnesty?

Thanks for your help.

Attorney Answers 3

  1. (i) No gross misdemeanor may be prosecuted more than two years after its commission.

    (j) No misdemeanor may be prosecuted more than one year after its commission.

    There is no such thing as amnesty in WA state. You are allowed 1 deferral every seven years. This response does not constitute an attorney cleint relationship. You may call me at 2066133111 or e-mail me anytime Good luck.

  2. 1. Generally speaking, the officer has 5 days, excluding weekends and holidays, to file the ticket with the court; however, the officer has much more time to issue a ticket after the actual date the collision occurred. It is not uncommon for officers to write tickets several weeks after an accident and issue it at that later date, which is allowed under Washington law.

    A Neg-2 is a civil infraction - it's not a crime like a neg-1, but a neg-2 can carry some rather severe penalties, namely the bail amount ($550) and increased insurance premiums if you are found to have committed the infraction.

    2. Yes. Your infractions while you were on a motorcycle very likely could affect a deferred finding in terms of getting your deferred finding revoked as well as your whether you qualify for the deferred. Just because you might qualify under statute does not mean that a judge will allow you to take a deferred finding. Judges have broad discretion in terms of whether to grant a driver a deferred finding.

    The best thing to do is to talk with an attorney who can help preserve your rights. Call me if you'd like my help.

  3. You should be able to defeat the ticket since the office put the wrong date. You must request a contested hearing and strictly follow the rules of the court (Infration Rules Limited Jurisdiction).

    Most jurisdictions allow you to pay the ticket and go on a probationary period (typically 6 months) whereby if you don't get another ticket in that prescribed time period, the ticket will be dismissed. This is great for all: the city, county or the state gets the revenue and the driver avoids having the ticket on their driving record which would increase their insurance rates.