What if the officer wrote the wrong infraction on the ticket he gave me? does that invalidate the ticket?

Asked almost 2 years ago - Tacoma, WA

The police officer accused me of not wearing a seat belt, but on the ticket it stated texting while driving. My phone was no where near me in fact my nephew was in the back seat playing on it.

Attorney answers (3)

  1. Vitaliy Kertchen

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . The citation must properly cite the RCW/municipal code of the violation. If the officer's affidavit is not sufficient to prove cell phone use, then your ticket will be dismissed.

  2. Richard Louis Warner

    Contributor Level 8

    1

    Lawyer agrees

    Answered . That is a factual dispute which requires a fact finding (hearing) if you are contesting the citation. Contact a local criminal defense attorney who specializes in traffic offenses. Good luck.

  3. James D. Laukkonen

    Pro

    Contributor Level 14

    Answered . Depending on circumstances, and on what the officer put in his or her report, you might have a defense. There are many good traffic ticket attorneys in your area who will likely offer a free consultation. Talk to a couple of them. Good luck!

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