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should i fight ticket?

Discussion in 'Motorcycle Talk' started by WaGigKPN, May 10, 2012.

  1. just do diversion or atleast ask for it :) then it wont be on your record
     
  2. Can you do me a favor and post the RCW he cited you for?
     

  3. +1
     
  4. all he wrote for RCW was 46.61

    nothing else...

    He also did not write what court to send it into...

    couple more things.
    He did not have me sign it.
    he put the wrong date on it.
     
    Last edited: May 11, 2012
  5. Texasl

    Texasl Totally Charming Retired Moderator

    So, let's see if I have this straight. On the day you were not there you violated each and every one of the rules of the road, as indicated by the unsigned citation (issued by an officer who can tell your hair colour through your helmet).

    Was this LEO from WSP or Mayberry RFD?
     
  6. Lone Rider

    Lone Rider Streetfighter

    Working it backwards;

    Had ticket with wrong date. Lawyer said it was mute point. When I did discovery the officer corrected his ticket.

    I havent signed last 1/2 dozen tickets. Apparently it doesnt matter anymore?

    Double check as to court, its on there.

    As far as listing just the RCW, I dont know, but I bet it doesnt matter.

    Sounds like this should be a easy one though. I'm betting he doesnt do his report or turn it AND his copy of ticket in a timely manner (which really matters. If He fails to be on time, you walk)

    Get a lawyer. He will walk you through discovery, unless the firm does it themselves.
    I have had responses to discovery that cover every loophole that usually get folks off, though....,Kitsap Sheriffs seem to have caught on and are geeking on thoroughness. Still beat last 2 from them:nana

    I'm thinking that one of the recommended lawyers on the site will be money well spent.
    I have Prepaid Legal, because I ride, drive and walk like a asshat and know I will be cited...,for something.

    I have had amazing success fighting tickets via Prepaid the past few years,(98%) but as budgets tighten LEO's are better at making them stick.
     
  7. good info, but i shit you not, on the front of the ticket, on the bottom, it says, 'you must respond to the court below according to the instructions on the reverse side of this notice.'

    and the area is completely blank...the only thing i have to go off of is that the county was pierce.

    double checking the date its possible its a really sloppy 8, not a 9. therefore date may be correct.
     
  8. Lone Rider

    Lone Rider Streetfighter

    Oh yea,
    Get with it.
    You have to mail your ticket in a timely manner.
    And then request discovery in a timely manner.
    You are hoping something gets screwed up in this process by the other side.
    I have walked on numberous tickets because my request for discovery wasnt met in a timely manner. But that was in the past. A couple of jurisdictions are on top of it.

    YamahaRiders link explains all this. (nice job YR repd!)
    But you still need a lawyer to do this for you as you are a complete noob when it comes to courts.
    I'm thinking a lawyer knows where the court for the ticket is and will use the omission of it as your out!
     
    Last edited: May 11, 2012
  9. Half the time just showing up gets you a break doesn't it?
     
  10. He could have corrected it when he filed. If you look at my link, it will explain to you how to request discovery. There are rules he has to follow. You not signing it doesn't matter.
     
  11. Subpoena the officer, explain your case just like you did here. If you don't win, I'll be amazed. I beat a ticket for a similar situation, yet I ended up hitting a car!

    Do your research, you'll be fine. He's got no real evidence on you, and you did everything within the law.
     
  12. I sure hope it wasn't the same WaSP that popped me in the vicinity of Lakewood/JBLM in March. He was hiding on an on-ramp. I was asked how fast I was going, and I didn't fess up to anything.

    Anywho. He handed me the computer generated ticket. I was doomed, and he gave me the lecture of how I should be going 60 mph through the area. In the middle of the day, on I-5, through JBLM/Lakewood/Tacoma. Traffic is NOT moving 60mph. I can easily subpoena traffic data from WSDOT, which measures traffic speeds through various systems (radar and traffic data detection loops).

    I suggest you contest the ticket. Oddly enough, my court date is tomorrow. Wish me luck!
     
  13. My favorite comment, ever.
     
  14. OOk

    OOk beansbaxter is too lazy to come up with something

    Do you have shitty aftermarket LED turn signals?
     
  15. Nope. stock ones.

    I am contesting. not going to lawyer up. In a perfect world i would.
     
  16. Are_Six

    Are_Six Moderator Staff Member

    Good luck. Sounds like a win-able case. Contest the ticket. File for discovery a little more than 2 weeks before you court date (like a day) and post up what they send to you. RCW 46.61 seems too broad but he might correct it. If the date isn't corrected that's a big deal. I imagine the date and specific RCW will be corrected though.

    I would just hope for a discovery violation or an error on the officers part in the case. Move to suppress the states evidence if either of those are the case before the judge reads everything into evidence and smile and walk away.
     
  17. After my last moving violation fell off my record my insurance went down 60 bucks a month. Average that over about 39 months due to the average it takes for a violation to come off your record. 60$ x 39 months = $2340.00. You say you cant pay 300.00 for a lawyer... you cant afford NOT to, paying an extra 2k because you dont want to dish out 300 now is a bad choice.

    Like other says, file for discovery, request the officer be at the court date, make sure you have the video. Have the judget watch it. I did this with the same exact ticket on Mercer Island of all places. The judge viewed the video and said that I wasnt riding too aggresively and got rid of the ticket entirely.

    Its worth it.
     
  18. William 'Bob' Baker of Bellevue. Done.
     
  19. Your story while i am sure is true for you...i have a very hard time believing that a 124$ ticket for improper lane change (no aggressive driving, not unsafe, not reckless driving etc...) is going to make my insurance almost double per year...im willing to risk it. call me stupid but i am a stubborn fool sometimes. If it does make as big of a change as you claim it will i have no problem admitting i was wrong and will buy you a beer!

    I will file for discovery and once i review that i may end up going with a lawyer if i dont like what i see...from what i have researched on google an improper lane change is on par with a seatbelt ticket. (although insurance cant go up for a seatbelt ticket)