HOV Ticket Not Filled Out

[hoper555]

My question involves a traffic ticket from the state of: WA
Myself and my husband were driving on 520, where there happens to be a 3 person carpool lane (we didnt know this since most all around here are 2). As soon as we see the first sign that has a 3 inside the diamond we try to get over to the regular traffic lane, with blinker on. A few yards ahead there is a cop standing in the HOV lane waves us over to pull over. He doesnt ask any questions, writes a ticket, however, doesnt sign the ticket, doesnt put his name on the ticket, and doesnt even finish our information on the ticket, doesnt have us sign either. We are contesting by mail, any idea on how we can beat this? What should we say. We dont want to admit guilt here, as we were trying to get over as soon as we saw a sign that he lane was 3 person (this lane happened to be on the right hand side of the road, and is also a merge lane onto the freeway.

[blewis]

If it were me, I would NOT do a Decision on Written Statements, since, according to IRLJ 3.5 (a)(4), you give up your right to APPEAL the decision. Since I lost my case at Municipal Court, but won it on appeal to Superior Court, I'm a big believer in the appeals process. But that's just me.

In any case, RCW 46.63.060 is the State law and IRLJ 2.1 is the court rule that determine EXACTLY what must appear on the citation. However, you will have to submit a Request for Discovery (see IRLJ 3.1(b)) to see what was on the copy of the citation that was filed with the court. My guess is that it will be more completely filled out.

Also, when you get the copy, check the filing date and make sure it is within 5 days of the infraction (not including weekends or holidays). If not, go ahead and submit your Written Statement asking for dismissal pursuant to IRLJ 2.2(d).

Good luck,
Barry