Negligent Driving in School Zone, Washington State

[WANINA]

My question involves traffic court in the State of: Washington

I just got a ticket of RCW 46.61.525 this morning. The fine is $550!

The story: We just moved to the area. It was pouring this morning when I was going to take my son to preschool. I decided to driving instead of walking as we usually do. His preschool is at the end of an elementary school zone. If we walk, we just go with another shortcut. So I am not very familiar with the driving part.

Before to make the left turn to the school zone, because so many cars there, I got stucked on a crossing Xing, which I thought I should move out asap.There are two line ahead, one line is packed with cars. The other one is empty, but with a sign said "do not enter", both lines lead to school. Lines seperated 10 yards ahead. Since I am not dropping off the kids. I just need to pass the elementary zone, I made the decision to get on the other lane and was stopped by an officer. He didn't want to hear anything from me and just give me the ticket.

Barry, do you think I should go with Mitigation Hearing or contested hearing if I want to challenge it?

can I use the discovery forms to find out the officer's statement? can you email me one?

Any help will be appreciated!

[blewis]

I cannot tell you whether to contest or mitigate -- that's up to you. I would advise, however, that you return the ticket marked "contested" and do a Discovery Request (I emailed the form to you). When you receive that, review it for inconsistencies. If you don't find any, you can change your plea to "mitigation" -- even at your contested hearing.

When you review the officer's sworn statement, remember the prosecutor MUST prove the elements in RCW 46.61.525:

1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.

...
(2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

You might also want to call the Clerk of the Court to find out if they allow deferrals for neg-2. Some courts do, others don't.

Barry

[WANINA]

Thank you very much! Your posts are all very helpful!