Seatbelt Violation in Washington State

[AJWil55]

My question involves a traffic ticket from the state of: Washington

Hello,

I was on my way back to Seattle this morning, driving south on I-5 just a little north of Lynnwood when I got pulled over for a seatbelt violation. I had been out since about 7 that morning and was wearing a jacket since it was cold. Around 10:25, when I got pulled over, it was considerably warmer and so I decided to take my jacket off. In order to do this I had to take my seatbelt off for about 30 seconds, and that is when the cop saw me. First of all, I think this is totally ridiculous, but that aside, here are my questions.

I already know that a seatbelt violation won't be reported to insurance companies in Washington, but the problem is, I had a speeding ticket deferred last June. So, will a seatbelt violation screw up the deferral? It would seem incredibly unfair to me if that is the case, I wasn't "endangering" anyone but myself. If it does, I would have to pay the original speeding ticket as well as the seatbelt ticket, with the speeding ticket then being reported to my insurance company, right? Is there any way to find out if my deferral is still active, or if it has already been cleared? I have heard of deferral times being anywhere from six months to a year.

If the deferral is clear, then I will probably just request a mitigation hearing to try and get the ticket cost lowered. Otherwise, would I stand any chance trying to get the case dismissed on the pretense that I was taking my jacket off? The officer did say that he would put that note in the report for me. Thanks for your help.

[blewis]

Was last June the date of your speeding ticket, or was that the date of the hearing? A deferral (and the judge SHOULD have told you how long your deferral period was) runs from the HEARING date -- not the infraction date.

Will it go against your deferral? If it's still within the deferral period, YES!

You might be able to contact the clerk of the court (the one that issued the speeding ticket) and ask them to look at your record. They should be able to see the same record the judge looks at and can tell if you've had a deferral ANYTIME within the past seven years -- and if any are still active.

Oh, your comment that 'I wasn't "endangering" anyone but myself.' DON'T EVER SAY THAT IN COURT!!!!!

Barry

p.s. "Pretense" that you were taking your jacket off? You're just pretending that's what happened?

[AJWil55]

Alright, thanks for the info, the hearing itself was in July I believe. I will try and contact the court on Monday to see what the deal is about the deferral. If it does count against me I suppose it isn't the end of the world, it will just be extremely irritating. 10 months of careful driving blown because I wanted to take my jacket off. It would have been one thing if I was speeding or running a red light...but no. Anyway, thanks again for your help!

[blewis]

You might as well go ahead with contesting the infraction -- you've really got nothing to lose and everything to gain. Here's a list of the steps you should take. You just never know what's going to be on the officer's sworn statement of whether the ticket was filed within the 5 day time limit. Who know? You might just get lucky.

Barry

[AJWil55]

Thanks for the info on how to go about contesting this ticket. But that does actually bring to mind two other questions. First, if I was to contest the ticket but lose, is there any way that the fine could still be lessened? If I provide good enough info/evidence about my circumstances, could the fine still be lessened (as in a mitigation hearing), or is a contested hearing an "all or nothing deal"? Also, would my statements and explanations carry less weight if I mailed them in rather than appeared in court? At this specific time it will be very inconvenient for me to get a court date. Thanks.

[AJWil55]

p.s. "Pretense" that you were taking your jacket off? You're just pretending that's what happened?

Sorry, I used the wrong word. What I meant to say was, assuming the court believes me that I was taking my seat belt off at the time, which I was indeed doing.

[AJWil55]

that I was taking my seat belt off at the time, which I was indeed doing.

**Meant to say taking my jacket off.**

[blewis]

Thanks for the info on how to go about contesting this ticket. But that does actually bring to mind two other questions. First, if I was to contest the ticket but lose, is there any way that the fine could still be lessened? If I provide good enough info/evidence about my circumstances, could the fine still be lessened (as in a mitigation hearing), or is a contested hearing an "all or nothing deal"? Also, would my statements and explanations carry less weight if I mailed them in rather than appeared in court? At this specific time it will be very inconvenient for me to get a court date. Thanks.

Well, here's my opinion. Your seat belt ticket is around $124, I think -- at least that's what it used to be. Getting that reduced is negligible compared to the impact your speeding ticket may have. Fines for speeding range from $93 to $411 depending on how fast you were going. Added to that is the increase in your insurance, which can be substantial -- someone on these forums talked about $200 PER MONTH!

I'm not saying that that's what's in store for you, but there's a good chance that the insurance costs will totally overshadow the ticket costs. But, to answer your question, yes, I've seen many judges reduce the fine even after finding the defendant guilty -- but no all.

So, my advice is still to go about it as a contested hearing. You just never know if the officer has made some kind of mistake, unless you follow up. If so, this ticket gets dismissed, and, hopefully, you won't get another ticket before July.

As far as a "Decision on Written Statements" is concerned, it's up to each individual court. Some allow it, some don't. Call the Clerk of the Court listed on your infraction and ask.

Barry

Sorry, I used the wrong word. What I meant to say was, assuming the court believes me that I was taking my seat belt off at the time, which I was indeed doing.

I kinda figured you meant "pretext", not "pretense", but one never knows....