Ticket for Driving with Expired License

[skyrocket101]

My question involves a driver's license issued by the State of: Washington

Today, I got a ticket for driving with expired license for $550 under the state stature RCW 46.20.015 which states the following: "A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars."

Is there a way to contest the ticket by getting discovery or it's impossible to get it dropped completely? Also, once my license is renewed then I assume I have to schedule a mediation hearing to show it to a judge. I would appreciate any comments on how to contest the ticket.

[antrc170]

You can contest the ticket, but I doubt that you'll win unless you have some extraordinary reason you didn't have a valid license. Usually you just need to go to the courthouse with a copy of the ticket, plus your new valid DL. Present it to the court clerk who will process it from there. Most judges don't need to see you personally on the issue. The fine shall be reduced to $50. Pay up and be on your way lesson learned.

[skyrocket101]

Thank your for your response but it seems you don't really know what you are talking about. Where did you get an idea that if you present the new license to the clerk then the judge will automatically reduce the fine to $50? In order to get the fine reduced you have to schedule a mitigation hearing and appear in front of judge. Also, when contesting a ticket for expired license you don't present a reason why you didn't have a valid license because that has no weight in the courtroom. Please don't advice people with the wrong info.

[antrc170]

You sir are not incorrect. As I pointed out you don't necessarily have to appear in front of the judge, the court clerk can accept the DL, some judge will require your presence and others will allow the court clerk to accept the DL presented in person the same as if you mailed it it. With there proof the court SHALL (see in the code, you even quoted it yourself) reduce the fine to $50.

RCW 46.20.015
Driving without a license — Traffic infraction, when.

(1) Except as expressly exempted by this chapter, it is a traffic infraction and not a misdemeanor under RCW 46.20.005 if a person:

(a) Drives any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter in his or her possession;

(b) Provides the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop; and

(c) Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or *46.20.420.

(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars.

[skyrocket101]

I'm not sure where you are getting your information, but I talked to court clerk and was informed that a hearing must be set up in order to drop the fine.

[antrc170]

Okay, then in your jurisdiction the judge won't allow for the clerk to accept a personal appearance. Then you have two choices according to the Washington State code 1) go to the hearing and get the fine reduced, 2) mail in the proof and get the fine reduced.

[skyrocket101]

Do you understand that in order for me to mail the proof I have to first respond back to the ticket and pick which hearing I want to go with (either contested, mitigation hearing or simply pay the fine)? Once I pick the type of hearing I have to mail the ticket to the court and wait for their response with a hearing scheduled date and/or hearing by mail option.

[antrc170]

I understand that. Perhaps I've not made myself clear enough. Check Mitigating hearing. Then do one of two things. Go to court personal appearance and have the fine reduced. Mail the proof of license with the ticket and the form linked.
http://www.courts.wa.gov/court_rules...che32.6c&pdf=1

It is a written form for mitigating hearing rather than a personal appearance. Wait for the court to send the judgement which we know by code will be $50. Pay the fine.

[skyrocket101]

I understand that. Perhaps I've not made myself clear enough. Check Mitigating hearing. Then do one of two things. Go to court personal appearance and have the fine reduced. Mail the proof of license with the ticket and the form linked.
http://www.courts.wa.gov/court_rules...che32.6c&pdf=1

It is a written form for mitigating hearing rather than a personal appearance. Wait for the court to send the judgement which we know by code will be $50. Pay the fine.

I knew all this before I posted the thread. The problem is that my municipal court has adopted rule which states the fine should be reduced to $250 (http://www.courts.wa.gov/court_rules...cipalmunkir209) so I need information how to contest the ticket.