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  1. #1
    Join Date
    Sep 2011
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    3

    Default Red Light Violation for Right Turn, Lynnwood, Wa

    Hey everyone:

    I received in the mail an non-stop violation on a red light while making a right turn on Alderwood Mall Parkway. All safety precautions were taken (reducing speed, shoulder check, etc) prior to the turn (taken at 12 mph) and it was during an weekend morning with very light traffic. I don't feel right pleading guilty to this infraction, but I live in Vancouver and my work obligations prevent me from appearing in traffic court. I did read the following thread:

    http://www.expertlaw.com/forums/show...light=lynnwood

    For me to contest this ticket, I understand that I need the following:
    - Submit a declaration of non-responsibility (in a separate letter since filling out their form puts me in "care, custody, and control" of the vehicle)
    - Add the language found in RCW 9A.72.085 to make it an "unsworn statement".

    In addition, the violation date occurred on August 1, 2011 and I did not receive the notice until August 42, 2011. The issue date was on August 15, 2011 which puts it just within the 14 day mailing date but well beyond the 5 business day limit between the violation date. I read this information from the following thread:

    http://www.expertlaw.com/forums/show...light=lynnwood

    In either path I take, do I have a case here to have this ticket fully dismissed? Your input would be greatly appreciated! Thanks for the help in advance.

  2. #2
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Quote Quoting Stryder
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    In addition, the violation date occurred on August 1, 2011 and I did not receive the notice until August 42, 2011.
    That's a heck of an end date.

    Oh, and by the way, why would you willingly commit perjury when you admit to making the turn?

  3. #3
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Quote Quoting Speedy Gonzalez
    View Post
    That's a heck of an end date.

    Oh, and by the way, why would you willingly commit perjury when you admit to making the turn?
    Sorry, the date I meant was August 22, 2011.

    Let me clarify my statement above. There is nothing there that pertains to me actually being the driver at the time of infraction despite the details provided. It is my vehicle, so the ticket does go to me. In any case, I am looking for methods to have this ticket dismissed fully.

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Ah, well, then if you didn't actually do it, that's different. You should be able to submit that same form and get the ticket dismissed. I think they are OK on the dates, since they mailed it within 14 days. If you check the statutes, you do not have to receive it within 14 days. As for the 5 days, you will need to look at the NOI to see when the infraction was issued and check when the infraction was filed with the court.

    They have 5 business days to file it from the date the NOI was issued. If the NOI was issued on the 1st, and mailed on the 15th, but filed with the court by the 8th, then they have covered their bases. Since they mailed it on the 15th, they may not have filed it within the 5 days required for a NOI.

    If that's the case, then you only need make the following motion:

    "Your honor, I move for dismissal with prejudice pursuant to IRLJ 2.2(d). The notice of infraction was not filed with the court within 5 business days of issuance. It was filed on August X, which is X business days."

    Quote Quoting IRLJ 2.2
    (d) Filing of Notice. When a notice of infraction has been
    issued, the notice shall be filed with a court having
    jurisdiction over the infraction or with a violations bureau
    subject to such courts supervision. The notice must be filed
    within five days of issuance of the notice, excluding Saturdays,
    Sundays, and holidays. In the absence of good cause shown, a
    notice of infraction not filed within the time limits of this
    section shall, upon motion, be dismissed with prejudice.
    However, if they filed the NOI by the 8th with the court, then you need to do the statement thing.

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Huh? Unless things are very different in Washington state, "reducing speed" isn't sufficient. You're required to come to a complete stop.
    Yep, I was right RCW 46.61.055 requires a stop. You can't blast through the red at 12 MPH even if you're turning right and there is no traffic.

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Quote Quoting Speedy Gonzalez
    View Post
    Ah, well, then if you didn't actually do it, that's different.
    OP DIDN'T say that he/she DIDN'T do it. OP stated:

    Quote Quoting Stryder
    View Post
    There is nothing there that pertains to me actually being the driver at the time of infraction despite the details provided.
    Just because there is nothing that identifies YOU as the driver doesn't mean YOU didn't do it. If you want to perjure yourself, there is nothing further to discuss ... at least as far as I'm concerned.

    Barry

  7. #7
    Join Date
    Mar 2010
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    Snohomish, WA
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    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Quote Quoting blewis
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    OP DIDN'T say that he/she DIDN'T do it. OP stated:



    Just because there is nothing that identifies YOU as the driver doesn't mean YOU didn't do it. If you want to perjure yourself, there is nothing further to discuss ... at least as far as I'm concerned.

    Barry
    Didja miss my original post? Didja didja didja? I actually called him on the carpet about the perjury thing, and the second response was in response to him saying he WASN'T the driver.

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
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    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Do you have a problem with English? Or perhaps you just read what you WANT to read.

    Quote Quoting Stryder
    View Post
    There is nothing there that pertains to me actually being the driver at the time of infraction despite the details provided.
    OP does NOT state he didn't do it. He states "There is nothing there that pertains to me...." That's NOT the same as, "I didn't do it".

    I realize you "called him on the carpet about the perjury thing". I merely pointed out that his response did not REMOVE him from that carpet. If you wish to take that as a personal affront, so be it. That simply makes you WRONG!

    Barry

  9. #9
    Join Date
    Mar 2010
    Location
    Snohomish, WA
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    1,588

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Quote Quoting blewis
    View Post
    Do you have a problem with English? Or perhaps you just read what you WANT to read.



    OP does NOT state he didn't do it. He states "There is nothing there that pertains to me...." That's NOT the same as, "I didn't do it".

    I realize you "called him on the carpet about the perjury thing". I merely pointed out that his response did not REMOVE him from that carpet. If you wish to take that as a personal affront, so be it. That simply makes you WRONG!

    Barry
    Fine, Barry. You win. Just like always.

  10. #10
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Red Light Violation for Right Turn, Lynnwood, Wa

    Quote Quoting Speedy Gonzalez
    View Post
    Ah, well, then if you didn't actually do it, that's different. You should be able to submit that same form and get the ticket dismissed. I think they are OK on the dates, since they mailed it within 14 days. If you check the statutes, you do not have to receive it within 14 days. As for the 5 days, you will need to look at the NOI to see when the infraction was issued and check when the infraction was filed with the court.

    They have 5 business days to file it from the date the NOI was issued. If the NOI was issued on the 1st, and mailed on the 15th, but filed with the court by the 8th, then they have covered their bases. Since they mailed it on the 15th, they may not have filed it within the 5 days required for a NOI.

    If that's the case, then you only need make the following motion:

    "Your honor, I move for dismissal with prejudice pursuant to IRLJ 2.2(d). The notice of infraction was not filed with the court within 5 business days of issuance. It was filed on August X, which is X business days."



    However, if they filed the NOI by the 8th with the court, then you need to do the statement thing.
    Speedy and Barry, thank you for clarifying what my options are. I contacted the Lynnwood for updated information.
    - 08/01/2011 - Violation date (as stated on NOI)
    - 08/13/2011 - Filing date
    - 08/15/2011 - Issue date (as stated on NOI)

    The NOI date and the file is flipped backwards (the NOI date should come first before it is filed with the court) but upon clarification with 3 people in the office, they state the filing date as 08/01/2011. This would put this easily beyond the 5 business day requirement by the City of Lynnwood.

    At this point I am confident that a letter to the City of Lynnwood regarding this rule would result in a dismissal. I just want to make sure all my bases are covered.

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