Re: Cited For Fail To Stop At Red Light At Tumwater, Washington
I think this may be a point of contention. RCW 46.63.060 states that the citation must contain:
Thus, you must assume that the infraction was, indeed, a stop SIGN violation.
Quoting RCW 46.63.060
The court rules expand on this and state
You can claim to the court that the statutory citation is incorrect since it has nothing to do with a "stop sign" violation. You, therefore, could not prepare a defense, since you were confused about the nature of the violation.
Quoting IRLJ 2.1
As far as the court is concerned, the violation took place exactly where the officer states -- you would probably have a very difficult time proving it took place somewhere else. However, this adds to the confusion. You are in court defending yourself against a "stop sign" violation -- but there is NO stop sign at the intersection where the officer states the infraction occurred. Your theory is that the officer got confused about the location. The location he listed has a stop LIGHT, which might account for his listing RCW 46.61.055 as the statute, but you thought it was a stop sign violation, as also listed on the citation.
Actually, that interpretation seems correct to me -- at least the way I read it. No part of your car may PASS the STOP LINE AFTER the light turns red -- unless SOME part of your car had passed it BEFORE the light turned red. If any part of your car passes the stop line BEFORE the light turns red, you are legal.
Personally, I think you've got a pretty good chance of getting off because of the error on the ticket. Don't worry about the cop's interpretation of the law, or where the infraction ACTUALLY occurred. Just contend that the confusion about the violation, statute, and location make it impossible for you to have prepared a defense.
But, be sure to do a discovery request to get the officer's "sworn statement" (the back of the ticket filed with the court). It may have more information about WHAT, WHEN, and WHERE.
Where am I going? And why am I in this handbasket?