What should I do? Defer? Mitigate or Contest?

Asked over 4 years ago - Marysville, WA

I got a ticket for going 76 in a 60, I don't remember seeing him radar me but he said he "clocked me." He was very evasion and the whole process was brief to say the least. I'm almost completely broke, school is killing me financially wise.

Any Advice?

Additional information

edit: How do I go about getting the police report? or any other information I might need.

Attorney answers (2)

  1. Scott Weymouth Lawrence

    Pro

    Contributor Level 18

    Answered . That is not a question that can be answered on the facts you have given. A ticket attorney can look at the police reports and a number of things to determine which is the best option.

    Mitigation: Potentially saves you money now. You don't need an attorney and the judge usually lowers the fine if you have a good driving record. You will probably pay for increased insurance rate and often end up paying more in the long run.

    Deferral: A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations. Even if you qualify it is within the judge's discretion whether to allow you to defer a ticket. Local courts often have additional rules of eligibility. Great way to go if you qualify and you are not going to get another ticket during the deferral period. On the other hand, another ticket and you will be found "guilty" on this one too. Better to save this for a ticket that you don't otherwise have a good defense for.

    Contested: A ticket attorney may be able to get the ticket dismissed or reduced to somoehting that doesn't affect your insurance or your driving record. Costs you a little up fromnt and you may have to pay a fine on top of the attorney's fees, but usually saves you money in the long run. If you lose your out attorney's fees and the fine amount.

  2. Brian Charles Ashbach

    Pro

    Contributor Level 11

    Answered . Mitigating a ticket is essentially the same as admitting the offense and paying the fine, but you ask the court to reduce the fine amount. You still wind up with a speeding ticket on your driving record. While each case is different, the best answer is “no,” as you are thereby admitting the offense, which can result in higher insurance rates, a bad driving record, and possible suspension of your license.

    A lawyer can help you in several ways, including beating the ticket, having the severity of the infraction reduced, entering a deferral, or having the charge dropped so that it won’t effect your insurance. Even if you committed the infraction, YOU CAN STILL WIN.

    Generally, a deferral is a last resort, if you cannot either beat the ticket or otherwise get a positive result. A deferral typically requires payment of fees ($125 on average) and a petition to the court. Additionally, you many not qualify for a deferral, and you can only do one every seven years. If you get another traffic infraction in the deferral period, usually a year, your deferral will be revoked and a finding of “committed” will be entered.

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