Washington Ticket With Wrong Date

[callioca]

My question involves a speeding ticket from the State of: Washington

I just noticed that on my speeding ticket the officer wrote the wrong date, 5-16-08 instead of 4-16-08. Is this grounds for fighting my ticket? (It sounds like not, but it would be great..

I only might be eligible for a deferral - I've had one a few years ago, but it was apparently not recorded at the WA DOL.

Do we have a statute in Washington similar to California's "Trial by Written Declaration"? Or a "Trial de Novo"? Because of the wrong date, does the police officer have to show up at my hearing? If he shows up, can I ask for a postponement up to 3 times until he doesn't show up (as in California)? I heard that doing a "Trial by Written Declaration might work since the officers don't get paid extra to fill out their part of that paperwork.

I was speeding, I have slowed down, I'm a careful driver, I'm just worried about my insurance rates going up.

[blewis]

First of all, WA is NOTHING like CA when it comes to traffic tickets. I'm a little rushed for time right now so I can't go into a lot of detail, but I'll try to address your questions.

I just noticed that on my speeding ticket the officer wrote the wrong date, 5-16-08 instead of 4-16-08. Is this grounds for fighting my ticket? (It sounds like not, but it would be great..

Yes, indeed, this should be enough to get your ticket dismissed. Hopefully, you've returned your citation by now, marked "contested". If not, do it today. Make a legible copy of both sides and get it returned. Then send a "Discovery Request" (see this post). You will receive another copy of the citation with a "filing" stamp. When you appear in court, point out that the ticket was "filed" several weeks before the infraction occurred.

I only might be eligible for a deferral - I've had one a few years ago, but it was apparently not recorded at the WA DOL.

How do you know this? A deferral is NOT posted on your normal DOL record, however, it is accessible by the courts.

Do we have a statute in Washington similar to California's "Trial by Written Declaration"? Or a "Trial de Novo"?

Yes, we have a "Decision on Written Statements". However, I don't recommend it because, unlike CA, if you lose a DWS, you're toast -- there is no appeal (see IRLJ 3.5).

Because of the wrong date, does the police officer have to show up at my hearing? If he shows up, can I ask for a postponement up to 3 times until he doesn't show up (as in California)?

The officer ONLY has to show up if you subpoena him/her. If you do subpoena the officer, and he/she shows up, you'd better have a REALLY good reason to request a continuance.

I heard that doing a "Trial by Written Declaration might work since the officers don't get paid extra to fill out their part of that paperwork.

The officer's paper work is already done. You will get a copy of it when you do your Discovery Request.

So, get your citation sent to the court (if you haven't already done so), submit a discovery request and make sure that the information wasn't corrected on the court's copy. If not, wait for your hearing and point out the date discrepancy. Do not subpoena the officer. That way there will be NO testimony as to what the correct date should have been. Without testimony, the court cannot determine "when" you were allegedly speeding.

Good luck,
Barry

[callioca]

Hi Barry,
Thanks for the info! I filed as contested and then requested the Discovery/report. (Actually, I had requested the discovery before filing but was told in Washington I must first file as contested.)

When I received the copy of the discovery in the mail, I looked at it and discovered the police officer corrected one of the two dates on the ticket. That is, on the ticket there are two boxes for the date: one for infraction occurred, and the other for the date the officer signed the ticket. The officer corrected the date the infraction occurred, but not the date he signed the ticket.

Do you still think I can beat the ticket in court? If so, are there statutes or codes I need to be aware of that support my case? I have original copies of the ticket (before the officer corrected the date), and as extra insurance I mailed a copy to myself as well, so that it is sealed and stamped USPS with a date before the date written on the ticket. (I did this especially because my court date is now after the date that was incorrectly written. ie, pulled over 4/16/08, ticket written for 5/16/08, court date on 6/17/08.)