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  1. #1
    Join Date
    Sep 2010
    Posts
    7

    Default Mitigation Options for Fail to Stop at Stop Sign

    My question involves a traffic ticket from the state of: WA

    I was pulled over in Kitsap County, WA and issued a citation for: "FAIL TO STOP AT STOP SIGN." At this stop sign, I did slow considerably, but I admit to not stopping 100%. This stop sign is only for one direction of traffic on a main road, and it is in a location where traffic enters from a side street (on only the right side of the road). Due (I'm guessing) to limited sight distance at this location, there is a stop sign on the main road to allow side traffic to enter. On the main road, if you can see that nobody is coming from the side street, you can clearly see that there is no need to stop at this intersection. (I realize that doesn't give me the right to disobey the sign...just explaining the situation more fully in case it makes a difference. Few people stop 100% at this spot when there is nobody coming in from the side street.)

    Anyway, I'm wondering if a mitigation hearing would be worth my time. Also, I'm wondering if there is any real likelihood of getting the charge dropped to a non-traffic infraction of some kind so my insurance rates don't go up due to this. In my opinion, the $124 fine and years of increased insurance premiums is pretty severe when a simple warning and "please stop completely next time" would have sufficed and taught me my lesson.

    ----
    Edit:
    I realize my original post was already fairly long, but in case a bit more detail about my situation would help: I am ineligible for a deferral, because I used that option about 5 years ago when I got a speeding ticket.

    I no longer speed around everywhere like I used to...having 3 kids between then and now changed my perspective a bit. However, I have had a very unfortunate past several weeks--this failure to stop ticket is the 2nd ticket since July. The first was for speeding in Idaho on the way back from vacation in Montana. It was on a state highway that had been zoned at 70mph most of the way, but apparently I missed seeing a sign when it changed to 60mph, and I got pulled over and issued a citation. For that one, I just sent payment and put it behind me. I am very nervous about what 2 tickets in a row like this will do to my insurance.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Mitigation Options for Fail to Stop at Stop Sign

    I don't see anything wrong with requesting mitigation, but I'm not hearing any facts yet that I would consider to be mitigating circumstances.

  3. #3
    Join Date
    Sep 2010
    Posts
    7

    Default Re: Mitigation Options for Fail to Stop at Stop Sign

    Thanks for the response. I guess that's my question...if none of those facts are valid mitigating circumstances, is it just a waste of time? Or do folks usually get a much better deal just for showing up? And is reducing the charge to something that wouldn't impact my insurance ever really on the table?

    Another question: what is an example of something that would be considered a mitigating circumstance for this infraction? Short of wife having a baby in the car or a bee flying up my nose, I mean....

  4. #4
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Mitigation Options for Fail to Stop at Stop Sign

    Quote Quoting fbrb32
    View Post
    Thanks for the response. I guess that's my question...if none of those facts are valid mitigating circumstances, is it just a waste of time? Or do folks usually get a much better deal just for showing up? And is reducing the charge to something that wouldn't impact my insurance ever really on the table?

    Another question: what is an example of something that would be considered a mitigating circumstance for this infraction? Short of wife having a baby in the car or a bee flying up my nose, I mean....
    I am not sure that being chased by the undead is a mitigating factor to coming to a full and complete stop at a clearly visible stop sign.

    Go to court, though... sometimes your presence can, indeed, help... but you are throwing yourself on the mercy of the court... not to fight it.

  5. #5
    Join Date
    Sep 2010
    Posts
    7

    Default Re: Mitigation Options for Fail to Stop at Stop Sign

    Thanks for the comments.

    If anybody knows, I'm still trying to find out whether reducing the charge to something that wouldn't impact my insurance (a non-traffic fine) is ever really an option. Should I ask for this, or would that just look foolish?

  6. #6
    Join Date
    Sep 2010
    Posts
    7

    Default Re: Mitigation Options for Fail to Stop at Stop Sign

    Well, I sent in my ticket with the "mitigation hearing" option checked. I would still like the answers to those previous questions, though, if anyone has any thoughts.

  7. #7
    Join Date
    Sep 2010
    Posts
    7

    Question How to write written mitigation letter

    Quote Quoting fbrb32
    View Post
    Well, I sent in my ticket with the "mitigation hearing" option checked. I would still like the answers to those previous questions, though, if anyone has any thoughts.
    So, I can do my mitigation hearing by mail, which is likely what I am going to do. Any advice? How do I address the letter? "Your Honor"? Would it be better to send in a fairly lengthy detailed statement, or just a very quick summary?

    Also, I still would like to know if it is normal / permissible to request a reduction of the charge to a non-traffic fine. I would like to do that, but not if it will just end up getting my letter laughed out of the court.

    Thanks for any help.

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,377

    Default Re: How to write written mitigation letter

    You might want to read this post about DWS. It may help.

    Barry
    Where am I going? And why am I in this handbasket?

  9. #9
    Join Date
    Sep 2010
    Posts
    7

    Default Re: How to write written mitigation letter

    Thanks Barry, I had seen that post, and it was helpful, but I do not believe it addresses my questions above. Anybody have any thoughts on those?

  10. #10
    Join Date
    Sep 2010
    Posts
    7

    Default Re: How to write written mitigation letter

    Well, to answer the question that I've been asking repeatedly here, no, I do not believe there is any chance I could get the ticket reduced to something that would not appear on my driving record at this point. From the FAQ page of one of the municipal courts in Washington (not my local court, but I believe this is a state law issue):

    "When you pay the penalty, mitigate, or if the Judge finds you have committed a traffic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. Neither the Court Clerk, nor the Judge, has the authority to keep the infraction off your record."
    I am mitigating, therefore that ship has sailed. Somebody correct me if I'm wrong, but I believe the best I can hope for is a reduction in the fine at this point. Dang.

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