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  1. #1
    Join Date
    Aug 2006
    Posts
    4

    Default Speeding Ticket Deferral in Washington State

    I received a ticket in Kennewick, Washington (Benton County) on 08-12-06 for going 52 mph in a 35 mph zone. I would like to know if I would be able to get my ticket deferred.

    I previously received a ticket in Cowlitz county in December of 2004 and had it deferred in March of 2005. I had not received a ticket until now so my ticket from Cowlitz County was deferred.

    I realize that if I have not had a ticket deferred in the last 7 years, I would qualify. Does this 7 year requirement apply statewide or countywide? In other words, would they check to see if I had a ticket deferred anywhere in the state or would they check only in that particular county, in this case Benton County?

    How would the court in Benton County know if I had a ticket deferred in Cowlitz county? Do they keep a statewide database of deferrals even though the ticket does not go on one's record?

    Please help.

    Thank you very much.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: Speeding Ticket Deferral in Washington State

    Here is a copy of the pertainent part of the statute
    Quote Quoting RCW 46.63.070(5)(b)
    A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
    Here's a link to the DMV site. Scroll down a little ways and you'll find a table labelled, "What information is kept on a driving record and for how long?" You can see that deferrals are maintained on your record for "Life (99 years)". That's how Benton County will know that you had a ticket deferred in Cowlitz County.

    I hope that answers your questions.

    Barry

  3. #3
    Join Date
    Aug 2006
    Posts
    4

    Default Speeding Ticket Deferral in Washington State

    Thank you for your response.

    So, does this mean that the courts look at my driving record that is on file with the DMV, which is the same record I can request from them?

    If that is the case, then if nothing is on my record at the DMV, Benton County would not know that my ticket was deferred in Cowlitz county. Is this correct?

    The reason I pose this question is that I went to the DMV today and requested my driving record from the past 5 years and it is completely clean. Nothing is mentioned of anything being deferred or any infractions or accidents whatever.

    Is it possible that Benton County could find out about the Cowlitz county deferral from another source? If not, then it appears that I could perhaps request a deferral successfully from Benton County.

    What do you think?

    Thank you very much.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: Speeding Ticket Deferral in Washington State

    You could only wish.... If you look back at the DMV page, you'll see the various types of driving records you can request. NONE of these says anything about "deferred prosecutions". In other words, as far as the outside world is concerned, a "deferred prosecution" does NOT appear on your driving record.

    However, I think the screen that the court pulls up contains EVERYTHING! I've sat in court and listened to judges say things like, "Sorry, Mr. So-and-so, but you're not eligible for a deferral". Since there was no mention of Mr. So-and-so having a CDL, I assume (I don't know for sure) that the judge can see any past deferrals -- even though that information will not appear on a record request (even from insurance companies).

    Sorry, I might be wrong, but I think you're toast. However, it never hurts to ask.

    Barry

  5. #5
    Join Date
    Apr 2009
    Posts
    1

    Default Re: Speeding Ticket Deferral in Washington State

    Can you tell me what steps to take to deferr a speeding ticket?

    Thanks,

    Ryan

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