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

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


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.

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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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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.

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Richard Louis Warner

Richard Louis Warner


But if the officer's affidavit is sufficient for not wearing a seatbelt then it is a contested citation and that is why you should hire an attorney specializing in traffic tickets.

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