19 over ticket in Washington state. - Page 2

Canucks_Fan · 06-01-2011, 06:05 AM

Originally Posted by onelogtwologs

ok, so #4 seems like the best option. Anyone have a lawyer in mind?
Price?

I'm 2 for 2 with Sam Swanberg.
(509) 396-7087

iamthewolfman · 06-01-2011, 08:03 AM

Seems like a lawyer would be too much time and money for a speeding ticket. What's 19 over? $300 maybe? I've had a few tickets, one was 12 over. I'm honest though, if I was speeding, I pay the ticket. Since it's your first, you can defer it (I would) and then if you don't get another one in a year, it goes away. Also, they can set you up on a payment plan for an extra $10 I think. Then you pay it in chunks over time. Way easier on your checkbook. Also, when you send it in, you'll be checking traffic. Non-traffic would be something non-vehicle related.

Heavy-T · 06-01-2011, 08:12 AM

Stop going back and forth! This is a very simple solution... you can pay a lawyer (probably more than what the ticket indicates) and get it off your record or you can DEFER it (and pay the ticket) and it won't go on your record if you stay clean.

Just freaking defer it and be done.

Welcome to the Dry-Shitties BTW

Are_Six · 06-01-2011, 08:15 AM

Since you don't live in Washington state, you might want to contest the ticket, and opt for a deferral. This way the ticket will never go on your record (as long as you don't get a ticket for the rest of the summer). You also save some cash, deferals usually have a $150 court administration fee.

It's either that or hire a lawyer.

Also you made some mention about checking traffic or non-traffic. IF the officer did not check that box for you a lawyer can get it dropped no problem. You probably could also, but it's a legal argument that non-attorney's are likely to screw up. But the expertlaw.com website is an excellent resource if you want to fight it yourself.

onelogtwologs · 06-01-2011, 11:30 AM

Originally Posted by UhOh

So are you in the Tri-Cities?
If so go to Bike night on Wed and AM coffee on Sunday, meet and talk.
There are a small number of peeps here who've been cited (won't say who, who)
who can give you good advice face-to-face.

We're mostly speed limit riders who, who, who sometimes have mistakenly upshifted.

welcome

Yes, I live in Kennewick. I'll be there next Wednesday evening, thanks! Looking forward to meeting some new faces.

lagwagonlead · 06-01-2011, 01:10 PM

Originally Posted by iamthewolfman

Seems like a lawyer would be too much time and money for a speeding ticket. What's 19 over? $300 maybe? I've had a few tickets, one was 12 over. I'm honest though, if I was speeding, I pay the ticket. Since it's your first, you can defer it (I would) and then if you don't get another one in a year, it goes away. Also, they can set you up on a payment plan for an extra $10 I think. Then you pay it in chunks over time. Way easier on your checkbook. Also, when you send it in, you'll be checking traffic. Non-traffic would be something non-vehicle related.

Uhhhhh that's $300 plus the extra money for the next few years that your insurance will charge you.

And the payment plan is an extra $6 per PAYMENT, I'm on a 12 month payment plan right now so it's costing me an extra $72 in the end.

Not to mention I've gotten out of many tickets with the officer saying "since you seem to have a clean record..."

Get your ticket differed or get a lawyer!

Gravey86 · 06-01-2011, 01:50 PM

Originally Posted by Are_Six

Since you don't live in Washington state, you might want to contest the ticket, and opt for a deferral. This way the ticket will never go on your record (as long as you don't get a ticket for the rest of the summer). You also save some cash, deferals usually have a $150 court administration fee.

It's either that or hire a lawyer.

Also you made some mention about checking traffic or non-traffic. IF the officer did not check that box for you a lawyer can get it dropped no problem. You probably could also, but it's a legal argument that non-attorney's are likely to screw up. But the expertlaw.com website is an excellent resource if you want to fight it yourself.

I had this happen to me when I moved here, I had the ticket deferred and it still went against my record

and this was with my Alabama licence.

UhOh · 06-01-2011, 04:16 PM

Originally Posted by onelogtwologs

Yes, I live in Kennewick. I'll be there [bike night] next Wednesday evening, thanks!
Looking forward to meeting some new faces.

nice, except bike night is this Wednesday - tonight.
Still the weekend coffees do come along...

heyjackrun · 06-01-2011, 04:46 PM

RCW 46.61.470
Speed traps defined, certain types permitted — Measured courses, speed measuring devices, timing from aircraft.

(1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap.

(2) Evidence shall be admissible against any person arrested or issued a notice of a traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either: (a) The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or (b) a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle.

(3) The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than one-fourth mile.

to sum up. they need to get your speed at beginning and end of no less than 1/4 mile. hard pressed to find the officer that does it.

Lynk · 06-01-2011, 04:57 PM

heyjackrun, that only applies to speed traps, not speed measuring devices, such as LIDAR or RADAR. If an officer paces you, and you can prove that the distance was less than a quarter-mile, then you could have it removed from evidence via that clause; however, you'd have to get a pretty nice judge, and it still doesn't overrule preponderance of guilt. Remember, traffic violations are generally civil cases.

Originally Posted by heyjackrun

to sum up. they need to get your speed at beginning and end of no less than 1/4 mile. hard pressed to find the officer that does it.

That's not what your citation of RCW means, at all. The cite means that a calculated average speed through a known distance is permissible as evidence, as long as that distance is greater than a quarter-mile, and an officer must witness your entire passage through that know distance of roadway.

heyjackrun · 06-01-2011, 05:02 PM

Originally Posted by Lynk

heyjackrun, that only applies to speed traps, not speed measuring devices, such as LIDAR or RADAR. If an officer paces you, and you can prove that the distance was less than a quarter-mile, then you could have it removed from evidence via that clause; however, you'd have to get a pretty nice judge, and it still doesn't overrule preponderance of guilt. Remember, traffic violations are generally civil cases.

That's not what your citation of RCW means, at all. The cite means that a calculated average speed through a known distance is permissible as evidence, as long as that distance is greater than a quarter-mile, and an officer must witness your entire passage through that know distance of roadway.

good call, i forgot that he wasn't caught by a speed trap. this has been my stand by as i keep getting caught by the bike cops as they sit in the middle of corners setting up their traps.

onelogtwologs · 06-01-2011, 07:32 PM

Originally Posted by UhOh

nice, except bike night is this Wednesday - tonight.
Still the weekend coffees do come along...

Yeah, I'm on Omaha on business. I'll be back Friday, maybe.
Next week, I should be there.

onelogtwologs · 06-01-2011, 07:33 PM

Originally Posted by Are_Six

Since you don't live in Washington state, you might want to contest the ticket, and opt for a deferral. This way the ticket will never go on your record (as long as you don't get a ticket for the rest of the summer). You also save some cash, deferals usually have a $150 court administration fee.

It's either that or hire a lawyer.

Also you made some mention about checking traffic or non-traffic. IF the officer did not check that box for you a lawyer can get it dropped no problem. You probably could also, but it's a legal argument that non-attorney's are likely to screw up. But the expertlaw.com website is an excellent resource if you want to fight it yourself.

So who do I talk to to get a deferral? (I've never dealt with this kind of thing before)

Gravey86 · 06-01-2011, 09:55 PM

Go to the court house and talk to the gal that handles ticket payments. Ask her to check with the judge about getting it reduced, tell her your here visiting and was unaware of the speed(sob story) and that should do it. It's what I did and got $30 knocked off.

skinny_punk · 06-03-2011, 07:42 AM

Originally Posted by onelogtwologs

ok, so #4 seems like the best option. Anyone have a lawyer in mind?
Price?

What city are you in? If you are in the Tri-City area, Randy Jameson is a great attorney for this.
I personally have found that in Benton County the prosecuting attorney's office is very, very unforgiving and difficult to deal with.

lagwagonlead · 06-03-2011, 09:10 AM

Originally Posted by Gravey86

Go to the court house and talk to the gal that handles ticket payments. Ask her to check with the judge about getting it reduced, tell her your here visiting and was unaware of the speed(sob story) and that should do it. It's what I did and got $30 knocked off.

Do this! I also got some of the fine knocked off.

jonathandowers · 06-03-2011, 09:20 AM

Originally Posted by onelogtwologs

Unfortunately, I was pulled with laser on a downhill in the car.

Never had a ticket before this, Squeaky clean driving record. Can I use prayer for judgement? (I'm from NC, and that's a viable option there)
I also have to check: traffic or non-traffic.. Which do I choose? - I'm guessing that's synonymous with guilty or not guilty?
Again, I've only been here a week.

Suggestions? I have 2 weeks to figure it out.

A friend recommended these ideas, but is there anything here in Washington that is different?

1. Request a dismissal (sometimes the District Attorney will agree to dismiss your citation if you take in a certified copy of your driving record and show the District Attorney that you have no prior citations).
2. Request a reduction to improper equipment (this charge never results in any Insurance Points or DMV Points).
3. Request a reduction to 10 mph or less over the speed limit (this charge will not result in any Insurance Points if it is your only citation in a 3 year time span).
4. Request a Prayer for Judgment Continued (If granted, a PJC will prevent you from receiving Insurance Points).

Or, does anyone know a good lawyer?

Thanks!

PM sent.

Bootsi · 06-03-2011, 09:01 PM

Option 4 is really your best bet. However depending on your piggy bank, if you dont want to pay a lawyer...

"check option 2 and show up in court, explain the circumstances, and get the fine reduced or take a deferred prosecution (the deferred prosecution will keep the incident off your record under certain circumstances)."

My first speeding ticket in WA was dropped because of a squeeky clean driving record. By NO means do I guarantee they will do the same for you, but i do think this is a better option then FULLY contesting it, simply because they can choose to drop it in option 2. However Fully contesting it, YOU have to prove that you are innocent, and the LEO only has to show up and say "guilty".

Whatever you do... Don't ignore it or just mail in a payment. If you do go with option 2 the worst that will happen is they'll lower the price of the fine and ticket you for 10 over. They rarely ever throw the book at you in Benton County.

onelogtwologs · 06-07-2011, 05:56 AM

Lawyer. $200. Radar detector always on.
Thank you for the suggestions!

Drumbum · 06-12-2011, 06:56 AM

do not EVER speed in town. If ya do the tax collectors will get ya eventually. i dont speed in town (really i dont hehe) but only outside of towns. Ive found that its far safer this way and havent had a ticket for years (watch me get one today on our ride this morning lol). Play it smart and youll have far fewer tickets


06-01-2011, 08:03 AM	#22
iamthewolfman Permit Joined: Apr 2010 From: Kennewick, WA I Ride: 2001 YZF-R6	Seems like a lawyer would be too much time and money for a speeding ticket. What's 19 over? $300 maybe? I've had a few tickets, one was 12 over. I'm honest though, if I was speeding, I pay the ticket. Since it's your first, you can defer it (I would) and then if you don't get another one in a year, it goes away. Also, they can set you up on a payment plan for an extra $10 I think. Then you pay it in chunks over time. Way easier on your checkbook. Also, when you send it in, you'll be checking traffic. Non-traffic would be something non-vehicle related. __________________ Follow PNW Riders on Facebook and Twitter Last edited by iamthewolfman; 06-01-2011 at 08:05 AM.. Reason: Forgot.


06-01-2011, 08:12 AM	#23
Heavy-T Shredder Joined: Apr 2006 From: Richland, Washington I Ride: Whatever strikes my fancy for the day...	Stop going back and forth! This is a very simple solution... you can pay a lawyer (probably more than what the ticket indicates) and get it off your record or you can DEFER it (and pay the ticket) and it won't go on your record if you stay clean. Just freaking defer it and be done. Welcome to the Dry-Shitties BTW __________________ Follow PNW Riders on Facebook and Twitter


06-01-2011, 08:15 AM	#24
Are_Six Joined: Mar 2006 From: Seattle I Ride: 1099cc L-Twin in a sporty arrangment	Since you don't live in Washington state, you might want to contest the ticket, and opt for a deferral. This way the ticket will never go on your record (as long as you don't get a ticket for the rest of the summer). You also save some cash, deferals usually have a $150 court administration fee. It's either that or hire a lawyer. Also you made some mention about checking traffic or non-traffic. IF the officer did not check that box for you a lawyer can get it dropped no problem. You probably could also, but it's a legal argument that non-attorney's are likely to screw up. But the expertlaw.com website is an excellent resource if you want to fight it yourself. __________________ Follow PNW Riders on Facebook and Twitter


06-01-2011, 04:46 PM	#29
heyjackrun Peg Dragger Joined: Mar 2010 From: lynnwood I Ride: hondasaki cbr600rr	RCW 46.61.470 Speed traps defined, certain types permitted — Measured courses, speed measuring devices, timing from aircraft. (1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap. (2) Evidence shall be admissible against any person arrested or issued a notice of a traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either: (a) The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or (b) a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle. (3) The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than one-fourth mile. to sum up. they need to get your speed at beginning and end of no less than 1/4 mile. hard pressed to find the officer that does it. __________________ Follow PNW Riders on Facebook and Twitter


06-01-2011, 09:55 PM	#34
Gravey86 Streetfighter Joined: Nov 2005 From: central\eastside I Ride: 86' GSXR 1100	Go to the court house and talk to the gal that handles ticket payments. Ask her to check with the judge about getting it reduced, tell her your here visiting and was unaware of the speed(sob story) and that should do it. It's what I did and got $30 knocked off. __________________ Follow PNW Riders on Facebook and Twitter


06-03-2011, 09:01 PM	#38
Bootsi Endorsed Joined: Mar 2010 From: Kennewick I Ride: GSXR 1000	Option 4 is really your best bet. However depending on your piggy bank, if you dont want to pay a lawyer... "check option 2 and show up in court, explain the circumstances, and get the fine reduced or take a deferred prosecution (the deferred prosecution will keep the incident off your record under certain circumstances)." My first speeding ticket in WA was dropped because of a squeeky clean driving record. By NO means do I guarantee they will do the same for you, but i do think this is a better option then FULLY contesting it, simply because they can choose to drop it in option 2. However Fully contesting it, YOU have to prove that you are innocent, and the LEO only has to show up and say "guilty". Whatever you do... Don't ignore it or just mail in a payment. If you do go with option 2 the worst that will happen is they'll lower the price of the fine and ticket you for 10 over. They rarely ever throw the book at you in Benton County. __________________ Follow PNW Riders on Facebook and Twitter


06-07-2011, 05:56 AM	#39
onelogtwologs Permit Joined: Apr 2011 From: Richland, WA I Ride: Suzuki: SV650s, DL1000, DR350SE	Lawyer. $200. Radar detector always on. Thank you for the suggestions! __________________ Follow PNW Riders on Facebook and Twitter


06-12-2011, 06:56 AM	#40
Drumbum Endorsed Joined: May 2010 From: Richland wa I Ride: BMW K1200LTe, Vstar 1100 Silverado, FZR600	Welcome to the tricities and.... do not EVER speed in town. If ya do the tax collectors will get ya eventually. i dont speed in town (really i dont hehe) but only outside of towns. Ive found that its far safer this way and havent had a ticket for years (watch me get one today on our ride this morning lol). Play it smart and youll have far fewer tickets __________________ Follow PNW Riders on Facebook and Twitter

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