Wrong Way on Freeway Ticket, RCW 46.61.150

[ESteve]

I recently got a ticker in Washington State for violation of RCW 46.61.150 quote from ticket “wrong way on freeway/across barrier”
I may or may not have taken a left from a county facility where there is a “right turn only sign” clearly posted onto a State Route that is two lanes in each direction with a somewhat clearly marked double yellow line with at least 18” wide.
I did not travel the wrong direction but I did cross the line both figuratively and literally.
The ticket was given by a Snohomish County Sheriff the Payment schedule IRLJ 6.2 calls out for $182 but with statutory assessments it’s $411.
I will contest the ticket and file for discovery like I have done with speeding tickets in the past and hope that route works unless anyone has any ideas that may be useful. The ticket correct and is new for me as I have not seen the printed form with the license information scanned making it harder for the average person to slip out of a fine.

Any help would be appreciated.
Thank you

[PTPD22]

RCW 46.61.150 - Driving on divided highways.
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority.

[That Guy]

I may or may not have taken a left from a county facility where there is a “right turn only sign” clearly posted onto a State Route that is two lanes in each direction with a somewhat clearly marked double yellow line with at least 18” wide.

WOW... Just WOW!!!

Sorry but I have to ask... Did you word that sentence the way you did simply to demonstrate how oblivious you were this one time or is this pretty much the norm for you, so it slips off easily?

I did not travel the wrong direction but I did cross the line both figuratively and literally.

You did actually go up the off ramp, did you not? If so, you did travel the wrong direction!

[ESteve]

I worded that sentence that way because the RCW is worded that way. I don't need or want to mislead anyone that there was not an 18" yellow line and I am sorry if you don't like me or the way I worded that but it was done to be clear about what happened. I am a forty year old father of two that is trying to make ends meet in this economy with a wife that has been laid off so a $411 fine is a bit more than I can handle at the moment.
There is no on and off ramp it's an entry and exit from a facility that is right turn in and out only. It's a 4 lane road, not a highway not a freeway but a 4 lane road like thousands of others in the county that are not state routes simply because it's got a thicker stripe. I did not know it was a state route until I was told by the officer on the side of the road. It is not labeled as a state route and I have driven it every day for the past 7 years. I have seen multiple Sheriffs take the same turn I did in their normal travel. I was directed by the same county to make the same turn as it was the only way to go east from the facility for 8 months during construction, a few years ago prior to the sign being up and a second exit being finished a half mile down the road. On any given day you would probably see 20+ vehicles doing the same turn, not that that makes it ok for me or legal but don't think I am careless and going the wrong way on I5. I could clearly see that there was no traffic on the road I was entering, but I did not look behind me and see the Sheriff in the parking lot about ¼ mile away.

WOW... Just WOW!!!

Sorry but I have to ask... Did you word that sentence the way you did simply to demonstrate how oblivious you were this one time or is this pretty much the norm for you, so it slips off easily?




You did actually go up the off ramp, did you not? If so, you did travel the wrong direction!

[PTPD22]

It's a 4 lane road, not a highway not a freeway but a 4 lane road like thousands of others in the county that are not state routes simply because it's got a thicker stripe. I did not know it was a state route until I was told by the officer on the side of the road. It is not labeled as a state route and I have driven it every day for the past 7 years.

The fact that it is a state route has nothing to do with your violation. What matters is that it was a divided highway...divided by a solid yellow line not less than eighteen inches wide. You may want to look up the definition of "highway" here.

I have seen multiple Sheriffs take the same turn I did in their normal travel.

Authorized emergency vehicles are called that for a reason. They are legally authorized or exempt from many traffic regulations...with certain provisions. "I see cops do it all the time" does not give you authorization to do it.

I was directed by the same county to make the same turn as it was the only way to go east from the facility for 8 months during construction, a few years ago prior to the sign being up and a second exit being finished a half mile down the road.

Sure, it says right there in the RCW that you can ignore most any traffic regulation if there is an official traffic control device (even a temporary, while under construction sign) or at the direction of a police officer. That does not mean you can continue to ignore the regulation after the signs come down and the officer is no longer there giving you directions.

On any given day you would probably see 20+ vehicles doing the same turn

Which may very well be exactly why the sheriff was sitting in that parking lot watching that intersection! When violations become common in an area, traffic cops tend to focus more attention there!

Which brings us back to me repeating what I put in my first post:

RCW 46.61.150 - Driving on divided highways.
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority.

The statute makes it illegal to cross that wide yellow line...period. You do not need to do so "unsafely," you do not need to drive into oncoming traffic, you do not need to cross it while passing another vehicle, you do not need to cross it "carelessly," interfere with oncoming traffic, fail to yield to other vehicles, or anything else. Just crossing it is a violation. So, please, get over the "unfairness" of it all.

Read blewis' thread that is stickied at the top of the "traffic court" forum regarding Washington State procedure. Post your discovery here and people will point out any potential procedural errors that you might be able to exploit and offer advice on how to minimize the penalty for this violation. There are ways to minimize the impact and maybe even beat this ticket...but you are not going to beat it on merit!

[ESteve]

PTPD22 and That Guy
I am not trying to argue with either of you just trying to clear things up. This post has turned into a mess and I won’t muddy up the facts with information trying to “clear up” who I am after this post as it just seems to look like wining or that I am arguing about merit.
PTPD22 the only reason I said it was a state route was to try to clear up that I did not go on or off a ramp in the wrong direction as it seemed to be thought I did. I have looked at the definition of highway and it's "basically" anywhere you drive in the state of WA. I also understand that the Sheriffs are exempt from many traffic laws and that I am not but just for clarity I am not speaking about when responding to a call, I am talking about on and off duty driving a Sherriff car as a civilian *I would agree that this is the unfairness that I don't need to say and I apologize for a bit of venting*. Stating that I was previously told to exit that way was again trying to clear up that I am not going the wrong direction on a freeway, yes violating the RCW hoping the fact that it was previously acceptable may show that I am not a crazy idiot carelessly endangering everyone who I see. As for why the Sherriff was there, I have been told there was a complaint about how they were exiting so apparently it was being watched, I don't know if it was to catch civilians or correct their own actions but it does not matter to me.
Hopefully you can see that I am not trying to argue merit as a legal defense I am going to follow Blewis' thread about procedure I was just looking for constructive advice and unfortunately I was misunderstood by trying to add a bit information for clarity.
I got a speeding ticket a couple years back and a few 15+ years ago and this is the first non-speeding moving violation I have received since the early 90's so it's a bit new to me.

[That Guy]

I worded that sentence that way because the RCW is worded that way. I don't need or want to mislead anyone

If you didn't want to mislead anyone, then you would have simply stated the facts as they happened rather than trying to fit your square pegs into round holes...

I am a forty year old father of two that is trying to make ends meet in this economy with a wife that has been laid off so a $411 fine is a bit more than I can handle at the moment.

Well, happy father's day...

Your wife is not alone, thousands of other people have been laid off, some may even find themselves homeless... scraping to get a bite to eat, or feed their kids for that matter! So count your blessings!

As for the $411 fine/assessment, your guilt or innocence are not dependent on how much the fine amount is. It is the other way around!

Which brings me to the part about you being unable to handle it at this time...

Clearly, this is not your first time on this roadway; clearly, you were not confused, lost or given wrong directions; clearly, you made the illegal turn or crossed the divider or whatever it was that you did however it maybe described, with intent and with total disregard for the law.

All of that tells me that you should have thought about the possible consequences BEFORE you found yourself with a citation in your hand!

There is no on and off ramp it's an entry and exit from a facility that is right turn in and out only.

Well, I based my assumption that it was a freeway based on you posting that the citation indicated it is a freeway.

And I'll make this the last quote I respond to:

I am sorry if you don't like me or the way I worded that...

Dude, seriously... Lighten up on the drama... And stop acting like the victim... because you're not!