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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Unhappy How Can You Get a Speeding Ticket Off of Your Record

    My question involves a traffic ticket from the state of: Washington.

    I just got a ticket today. I was on the freeway clocked going "73" in a 60.
    I wasn't paying attention to my speedometer, but I thought I was going with the flow of traffic.
    Obviously the flow saw the cop before I got a chance and I got pulled over and got a ticket.
    Sure enough, as soon as I get back on the road and am going 64-67, people start passing me at 75-80.

    Is there anyway to get this taken off my record? I'll pay the fine, but I don't want a bad record.
    I have two people who were in my car who also thought I was going with the flow.
    Not sure if the two people in my car will help my case or not.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,202

    Default Re: Washington State: First Speeding Ticket - How to Get It Off My Record

    "Going with the flow" really isn't a defense. Just because other driver's around you are breaking the law, doesn't permit you to do it too. It's pretty much like your mother used to tell you - "If all your friends go jump off a cliff..." This is one of those excuses that judges hear annoyingly often and are, therefore, not very sympathetic to. It is likely only going to earn you a longsuffering sigh from the judge before he tells you to pay the clerk on your way out...next!

    The only way to keep this off your record is to beat the ticket. If the cop got you on radar, while there was other traffic around you, there is a whole minefield of ways the cop can give you a defense if he's lax. Lidar will be a bit tougher to beat, but there is hope there too. Request discovery (see the stickies in this forum to learn how) then post it here. You'll likely get a plethora of advice on how to attack the ticket.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,576

    Default Re: Washington State: First Speeding Ticket - How to Get It Off My Record

    I agree with PTPD22. Take a look through this thread. You are probably also eligible for a deferral. You'll find information about that in the thread, as well. My advice also is to contest the ticket, file a Discovery Request (there's a link to a form you can use in that thread), and post your materials here (after redacting any personally identifying information). If there's no obvious problem, you can still request a deferral at your hearing -- that will keep it off your record, although it will cost a few bucks.

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

  4. #4
    Join Date
    Feb 2010
    Posts
    1,282

    Default Re: Washington State: First Speeding Ticket - How to Get It Off My Record

    Finally, if you don't want to use your deferral and this is somewhere in Snohomish or King County, prosecutors will most likely agree to an amended charge for the same price- something like a cell phone violation or inattentive driving. Both are "non-reportable" and will not affect your insurance rates.

    And about keeping this off your record... even if you do beat it, you'll still have a record. The record will reflect that it's been dismissed, but unfortunately once an officer has issued a ticket a record is made and kept for 7 years. (Imagine being booked at a police station, arraigned, and then the charge dismissed; in this case, you still have record of the arrest, but it will show that the charges were dismissed.) The only way to have no record of the ticket is to have not received the ticket in the first place. However, insurance cannot raise rates on Not Committed or Dismissed infractions.
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,576

    Default Re: Washington State: First Speeding Ticket - How to Get It Off My Record

    Quote Quoting BrendanjKeegan
    View Post
    And about keeping this off your record... even if you do beat it, you'll still have a record. The record will reflect that it's been dismissed, but unfortunately once an officer has issued a ticket a record is made and kept for 7 years. (Imagine being booked at a police station, arraigned, and then the charge dismissed; in this case, you still have record of the arrest, but it will show that the charges were dismissed.) The only way to have no record of the ticket is to have not received the ticket in the first place. However, insurance cannot raise rates on Not Committed or Dismissed infractions.
    I'm not sure that's correct. According to RCW 46.52.130:

    Quote Quoting RCW 46.52.130
    (1) Contents of abstract of driving record. An abstract of a person's driving record, whenever possible, must include:

    (a) An enumeration of motor vehicle accidents in which the person was driving, including:

    (i) The total number of vehicles involved;

    (ii) Whether the vehicles were legally parked or moving;

    (iii) Whether the vehicles were occupied at the time of the accident; and

    (iv) Whether the accident resulted in a fatality;

    (b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;

    (c) The status of the person's driving privilege in this state; and

    (d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.
    The COURT may keep a record of infraction dismissals, etc., but the DOL, at least according to the law, does not.

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

  6. #6
    Join Date
    Feb 2010
    Posts
    1,282

    Default Re: Washington State: First Speeding Ticket - How to Get It Off My Record

    Well, in that case, I guess it depends on what you're defining as a record. The abstract, however, is just that- an abstract. And is only a brief summary of your "record."
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

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