In august 2010 I received a speeding ticket for 65 mph in a 55. I wasnt aware that it is illegal to speed in a passing lane. When I looked up the RCW it states that it is only legal to speed when entering the opposing lane of traffic. I saw I was in the wrong and paid the ticket. Now 2 years later I'm trying to get a job as an EMT at a local ambulance company and the only thing holding me back is this ticket. Any way I can get it taken off?
There is no mechanism for expunging a traffic infraction. Sometimes your attorney can work a deal for the court to vacate the finding and enter the ticket as something other than speeding. This usually requires cooperation from the prosecutor and the judge. Then you have to convince Department of Licensing to change it on your driving abstract.
Bottom line is it can be done. But, it's not easy and there's no guarantees.
Law Office of Scott Lawrence
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What you are requesting is a Relief from Judgment sought through a Motion to Vacate. See below for more detail.
Traffic infractions in the State of Washington are governed by the Infraction Rules of Limited Jurisdiction (the IRLJ's for short). IRLJ 6.7(a) discusses Relief from Judgment, and refers to Civil Rule 60 for the procedure to seek such relief.
CR 60 allows a judgment to be vacated for a number of reasons, including "any other reason justifying relief from the operation of the judgment".
It is possible to get a judge to vacate a committed finding after more than 1 year has passed, but it is often difficult. The bottom line is that the judge has the discretion to grant you relief or not, so the judge is just as important as the facts that you bring to the table. Here, your facts are relatively sympathetic, and if that is the only ticket on your record that can only help.
This is not the type of thing that I recommend handling by yourself. I recommend that you contact an attorney who handles traffic infractions, and who is also familiar with vacating committed findings on infractions. Please feel free to let me know if you have any questions.