Improper Lane Usage

[princessyoo]

Hi,

I need advise for the ticket I got today. I live in Seattle, WA and was driving down in the inner lane on I-5... I made a lane change as the car behind me was tailgating me. The cop claimed that I cut off a semi while I was changing the lane and the semi had to brake to avoid slamming into me.

I have 2 other passengers in my car and witness to the fact that I did not cut that close to the semi. The semi did not even honk (if supposedly I was cutting close to the semi).

I have a perfect driving record and would like to contest the infraction. Is this the right approach? Also, if I were to go to court, what's the chance of the case being dismissed, and if so, how much would I have to pay for court fees in the state of WA? I'm trying to save money and not let this incident be on the record... any advise, suggestion will be greatly appreciated?

Thanks,
Princess

[Mr. Knowitall]

Why not seek a deferral?

[princessyoo]

Pardon my ignorance here, I would like get more advice on what I need to do... Wouldn't I want to keep the deferment for some other usage, like a speeding ticket if I think I have a good chance of getting this ticket dismissed since my understanding of a derfement is that you will need to keep your records clean for a x number of years and it will not be on your record but you'll have to pay $120 for administrative fee?? My ticket is only $124 so that doesn't seem like a cost efficient way??

Thanks again!

[That Guy]

Wouldn't I want to keep the deferment for some other usage, like a speeding ticket

You didn't say any of that before so the response that you received was based on the information you provided!

if I think I have a good chance of getting this ticket dismissed since my understanding of a derfement is that you will need to ....

Your chance of getting a dismissal is not based upon your understanding of what a deferment might involve... But you knew that already.

Also you thinking "you have a good chance of dismissal" does not mean that "you have a good chance of dismissal" especially since you are partial to that particular decision and would be at a financial gain/loss depending on the outcome.

I have 2 other passengers in my car and witness to the fact that I did not cut that close to the semi.

As far as your witnesses, and assuming you, personally did not see how close you were to the semi, chances are, and since they were not driving (nor constantly looking back to see whether you cleared traffic or not), they did not notice (or even make the effort to check and see) if you were close or not, their testimony will not hold much weight.

The cop claimed that I cut off a semi while I was changing the lane and the semi had to brake to avoid slamming into me.

If you were in front of the semi then you really could not see whether the semi's brake lights came on or not and would be unable to state how sure you were that he did or did not hit the brakes or not; whereas the officer, and assuming he was behind you both, would have been able to see if the semi's brake lights come or not when that driver applied on his brakes to avoid colliding with your vehicle.

The semi did not even honk (if supposedly I was cutting close to the semi).

The driver of the semi is not obligated by any rule or law to honk at you if you were to cut him off, therefore, the fact that he did not honk does not mean much...

Keep in mind that I don't know if you did or did not cut off the semi. The officer suggested that you allegedly did when he/she cited you... I'm just showing you that you arguments may not be as solid of a proof that you were not in violation.

Also, if I were to go to court, what's the chance of the case being dismissed, and if so, how much would I have to pay for court fees in the state of WA?

If you do get it dismissed, I don't think you will pay anything! However, keep in mind that typically, a judgment call such as the one which this citation was written and based upon will weigh heavily in favor of the officer since he/she would not gain in any way by you losing, he/she is simply doing his/her job.

Basically, its your word against that of the officer and usually, the officer will win that battle more often than not.

... my understanding of a derfement is that you will need to keep your records clean for a x number of years and it will not be on your record but you'll have to pay $120 for administrative fee?? My ticket is only $124 so that doesn't seem like a cost efficient way??

To look at it from a financial standpoint you should also consider the chance that if you contest the ticket, and in the chance that you might not be able to get a dismissal (at which point the deferment option is no longer available to you) therefore you should include any additional insurance premium increases as part of any reasonable consideration.

Ultimately, the choice is yours as to whether you contest it or not. But the decision to dismiss or not, is up to the court!!!

Good luck...

[princessyoo]

Thank you That Guy for the detail response. Another clarification I need is if I contest, I can't get a deferment... so I do I get a deferment if I have to check one of the 3 boxes on the citation? Thanks!

[blewis]

You may request a deferral by requesting EITHER a 1) Contested Hearing or 2) a Mitigation Hearing. Theoretically, you SHOULD be eligible for a deferral even AFTER you have been found to have committed the infraction at a contested hearing (since that is the "finding" that is being deferred). However, in practice, most courts will offer deferrals BEFORE the hearing begins and will remove the offer once it does.

FYI, I agree with Guy's assessment of your situation. In order to beat this, you would, basically, have to show that the officer's point of view (suppose he/she was 1/4 mile back, for example) did NOT afford a clear view of the situation. You might want to request discovery of the officer's notes and see if the officer's location is spelled out in detail. If not, you might be able to get a dismissal. To request discovery, you MUST first request a contested hearing.

Oh, call the clerk of the court to find out the deferral "administrative fee" -- it's usually around $150. And if you win, there are NO court fees to be paid. If you lose, you cannot be charged more than the amount listed on your ticket.

Barry

[princessyoo]

Finally, I had a hearing today and Judge did explain to all of us there for the traffic infraction that we may be eligible for 1 moving and 1 non-moving deferment. In plain English, the court will not report the violation provided you pay the amount of the ticket plus court cost with the condition that your record remains clean for one year. However, if you do have other violation within the year, the record will be reported to the DOL, thereby increasing your insurance. One person is allowed deferment every 7 years in the state of WA.

I was able to observe the attorneys (who are paid about $300/case to represent their clients) in action. What they do is... they would have requested for the officer's sworn statement in advance of the hearing date (I believe you have to request 14 days prior to the hearing date) and look for any little part where the form was not properly completed (i.e. if the statement was completed after 5 days, it's then thrown out of the court; if the officer did not sign the statement; in the case of speeding ticket, they will always challenge for the fact that there wasn't enough information on the radar gun). About 80% of the cases were dismissed coz the attorney found some loophole in the report.

As for me, I was lucky... the officer did not send in his sworn statement nor showed up in person so my case was dismissed. It was a good experience! Thanks for the forum and the various advice I got from this site!

[blewis]

Congratulations! And thanks for letting us know.

Barry