19 over ticket in Washington state.

Discussion in 'Central' started by onelogtwologs, May 31, 2011.


  1. onelogtwologs

    onelogtwologs
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    Unfortunately, I was pulled with laser on a downhill in the car. :angry7:
    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!
     
    #1 onelogtwologs, May 31, 2011
    Last edited: May 31, 2011
  2. Dr. E

    Dr. E
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    Theoretical Propagandist

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    First ticket you can ask for a deferral. In WA you get one every seven years. If you get a ticket in the next year, it goes back on your record.
     
  3. TREX 600

    TREX 600
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    1. Woods Coffee Riders

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    Other than what happened to you,
    Welcome to Washington and also
    to the forum.
     
  4. Lynk

    Lynk
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    You need to either secure a lawyer, or choose to fight it yourself.

    If choosing the latter, you should file a discovery for a copy of the officer's affadavit and the certification letter for the LIDAR he used. Check the forums over here: http://www.expertlaw.com/forums/showthread.php?t=89115. The ticket itself is a traffic violation.

    Unfortunately, the state of Washington rules traffic citations on "preponderence of evidence," which means that you'll need to find holes in the officer's affadavit or measuring device. Do NOT subpeona the officer to court, since his word will be taken over yours. Good luck!
     
  5. galenernest

    galenernest
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    I bathe with candles, flowers, jazz music, and rub

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    Your friend's suggestions seem bizarre. In Washington, when you receive a ticket, (the green piece of paper you're probably looking at) you have three ways to proceed according to the ticket:

    1) I admit to committing the infraction and will pay the fine (check is enclosed)
    2) I committed the infraction, but wish to explain it in court (Known as a mitigation hearing)
    3) I contest the infraction and will proceed to trial

    Options 2 and 3 are what we usually do.

    Your options for proceeding are as follows:

    1. Check option 1 and mail a check for the fine amount.
    2. 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).
    3. Check option 3 (I contest the infraction) and try to explain to the judge that you weren't speeding... and offer proof to back up that argument, or poke holes in the prosecution.
    4. Hire a lawyer. Pay the lawyer, and poof, the ticket disappears, as does the fine and the smudge on your driving record.

    And, like most of us here, I recommend option 4.
     
    #5 galenernest, May 31, 2011
    Last edited: May 31, 2011
  6. onelogtwologs

    onelogtwologs
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    ....from the expert law website: "There are no “points” for traffic infractions that the Washington Department of Licensing (DOL) assigns. That is not to say that some insurance companies don’t have a “point” system."

    So does this mean that I could pay the $175 and not receive any points for insurance purposes?
     
  7. onelogtwologs

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

    findley
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    Pay the ticket welcome to washington. You do the crime you do the time. MCGRUFF
     
  9. Lynk

    Lynk
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    No, the reference means that the WA DOL won't suspend your license or incrementally raise the applicable fines due to accumulated traffic offenses.

    Speeding tickets generally imply higher insurance rates. Insurers have visibility of three years into your driving record, via a DOL abstract. The various agencies have their own rules and risk metrics.
     
    #9 Lynk, May 31, 2011
    Last edited: May 31, 2011
  10. galenernest

    galenernest
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    I bathe with candles, flowers, jazz music, and rub

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    Where did you get pulled over? Which county? There's a decent traffic lawyer for every county in WA. I recommend Robert Bennet or Bill Montecucco for Clark County and surrounding areas... and Genie Mucklestone (sp???) for the Seattle area.
     
  11. galenernest

    galenernest
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    I bathe with candles, flowers, jazz music, and rub

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    This is a horrendous bit of advice... :angry7:
     
  12. onelogtwologs

    onelogtwologs
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    Kennewick, in the Tri-cities.
    I appreciate your responses. Like I said, I've been here a week. Still getting to know the area, and trying to find people to ride with.
     
    #12 onelogtwologs, May 31, 2011
    Last edited: May 31, 2011
  13. galenernest

    galenernest
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    I bathe with candles, flowers, jazz music, and rub

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    Location:
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    I Ride:
    Jialing 150 enduro
    Ask in the local forums who the best lawyer is. What's nice about the lawyer is that you don't even have to show up in court.

    As for cost... for your kind of infraction, it's usually anywhere from ticket face value up to around $300'ish.
     
  14. Where at in Kennewick?

    The reason I ask (I grew up there for 18 years, my family still lives there) is that my mom was driving east on canal drive some years ago. She was on the part of the road that heads down hill and under hwy 395 and was picked out if a line of cars for speeding by a cop sitting in a gravel lot across from the golf course there.

    She lawyered up, and challenged it, and the cop at the wasn't able to prove without doubt that he got her speed with all the traffic going east and west on canal, and the traffic going north-south on 395, so her ticket was dropped.

    I know that gravel put is still a fav for local PD. I used to go to work that way for a few years
     
  15. ninjaplay

    ninjaplay
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    One final thought, as it's seemed to work the few times my friend and I used it years ago. If you are going to pay the fine without a hearing. Pay $10 or $12 dollars more. Supposedly they will mail you a check for the over payment. Don't cash the check and it never ends up on your record because it's never been totally resolved?? We did this, they never sent us a check, but then it never hit our record either. We had read about it from other forums.
     
  16. Willow

    Willow
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    1. Kitsap

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    +1

    Definitely lawyer up.

    Welcome to WA. I lived in Hillsborough, NC for a few years. Went to Raleigh quite a bit.
     
  17. Fast Eddie 919

    Fast Eddie 919
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    neg rep:angry7:
     
  18. UhOh

    UhOh
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    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
     
  19. THE FLAMING LIPPS

    THE FLAMING LIPPS
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    Eat a d_ _ _!
     
  20. 507phantom

    507phantom
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    that is not true at all.
     
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