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Best Way to Keep First Ticket Off My Record

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  • 06-22-2012, 07:10 PM
    dwllama
    Best Way to Keep First Ticket Off My Record
    My question involves a traffic ticket from the state of: Washington, Spokane County/City

    Hi,
    I guess this is what I get for being proud of my spotless driving record! Today I was driving a company vehicle down a hill in the city of Spokane, for work purposes. The posted speed limit on this road is 30mph, but traffic generally moves 35-40mph both up and down the hill, and often other drivers will be very impatient if you go 35 or below. So I have been in the habit of moving at similar speeds, even in cases like today when I was the only vehicle on the stretch of road. Unfortunately I got careless about braking (this is a steep hill which even if you start at 30 at the top if you don't brake severely and often you could easily be doing 60 at the bottom with no gas applied) and was doing about 45 as I approached the bottom of the hill.

    The officer was very polite and professional and actually gave a break on the ticket only ticketing me for 40 in the 30, even though his laser clocked me at 45.

    My question is, what's the best chance I have of keeping the ticket off my record? As I drive for a living the cleanest possible driving record is beneficial to me, even if it costs more in the short term. (Of course, I would prefer to pay the minimum practical, as well, but that's a lower priority!)

    I've heard suggestions from my coworkers of either deferring the ticket or possibly enrolling in a traffic safety course of some kind as a way to keep it from going on my record. Is there an "ideal"?

    Thanks for any suggestions and information!
  • 06-23-2012, 02:51 PM
    kyle99
    Re: Best Way to Keep First Ticket Off My Record
    Do you have a CDL? If no, then the easiest way is to check contest on the back of your ticket, and pay the $100 deferral fine and move on with your life. If you want to fight it, I suggest reading blewis's sticky in traffic court. I can also help you with Spokane County traffic court, I've fought two tickets here. Was your ticket on doomsday hill? I got one there...
  • 06-23-2012, 05:44 PM
    dwllama
    Re: Best Way to Keep First Ticket Off My Record
    No CDL. I was wondering if that was what was meant by commercial driver. My position at my company is technically a delivery driver for our commercial accounts, but I'm not sure if that is what they're referring to, legally.
    So, I have to select contest for the option to defer? Do you know how long the deferral period is around here? And does anyone know anything about taking a traffic class to just get it off my record directly?

    The ticket was issued on Thor at the bottom of the South Hill. Curse you south hill! ;)

    Is it worth actually trying to fight it even if I obviously made a mistake and was speeding down the hill? It was a motorcycle cop (stationary til his lights came on as far as I know, I didn't notice him until then of course), I was the only car for probably 100-200 feet or maybe more, and there were no particular obstructions, if it makes any difference. I did not admit that I knew my speed to the cop but umm, lets just say I was not surprised that he clocked me at 45.
  • 06-23-2012, 06:10 PM
    kyle99
    Re: Best Way to Keep First Ticket Off My Record
    As long as you don't have a commercial drivers license, you're good. Checking contested lets you try to fight it or defer, and the deferral period is 1 year, I believe. I know they have traffic school as an option for people under 25, but I'm not sure about over. Even if you were guilty, you can still fight it. I'd file a discovery request (check blewis's sticky for help on that) and post here. If there's nothing wrong with the ticket, you can always just defer, but if the officer's statement is flawed, or the calibration records aren't up to date, or it wasn't filed within 5 business days, you could get a free pass. No harm in trying.
  • 06-26-2012, 09:15 PM
    dwllama
    Re: Best Way to Keep First Ticket Off My Record
    The only thing that scares me about just checking contest and mailing it in is that it says "I understand this will go on my driving record if I lose and "traffic" is checked" at the bottom by the contest box. But you're saying even if I check that I'll still have the option to defer later. Would I still have the option to defer afterward if I tried fighting it and lost?
  • 06-30-2012, 03:35 PM
    kyle99
    Re: Best Way to Keep First Ticket Off My Record
    Quote:

    Quoting dwllama
    View Post
    The only thing that scares me about just checking contest and mailing it in is that it says "I understand this will go on my driving record if I lose and "traffic" is checked" at the bottom by the contest box. But you're saying even if I check that I'll still have the option to defer later. Would I still have the option to defer afterward if I tried fighting it and lost?

    Yes, it will go on your driving record if convicted, but checking mitigated or just paying the fine admits that you committed the offense. You can get a deferral through checking mitigate or contest, but contest ALSO gives you the option of fighting it if you want, and is the best option for someone who wants to keep it off their record. The way it works is you check contest, and you get a court date in the mail. File for discovery and see if there's anything that can be done about the ticket, and if there isn't, go to court and get a deferral.
  • 07-05-2012, 06:39 PM
    dwllama
    Re: Best Way to Keep First Ticket Off My Record
    Well I didn't get my notice of hearing until tuesday the 3rd, yesterday being a holiday I didn't do anything with it, and today I just got home. My hearing is scheduled for the 17th. But according to the back of the notice of hearing, I must "make the request in writing at least 14 days before the hearing" for the copy of the officer's sworn statement. It's obviously less than 14 days away now, is there any point in trying? it was barely 14 days on the date I received my notice of hearing.
  • 07-05-2012, 07:43 PM
    BrendanjKeegan
    Re: Best Way to Keep First Ticket Off My Record
    Continuance...
  • 07-05-2012, 07:56 PM
    dwllama
    Re: Best Way to Keep First Ticket Off My Record
    Which means what exactly? I don't know what you are trying to tell me.
  • 07-06-2012, 07:51 AM
    blewis
    Re: Best Way to Keep First Ticket Off My Record
    It means that you pick up the phone and call the court clerk. Tell them you need to reschedule your hearing in order to give you time to submit a discovery request. Most court clerk will oblige such a request right over the phone. Worst case is that you'll have to make a formal, written motion for a continuance that will be heard by a judge.

    Barry
  • 07-14-2012, 06:19 PM
    dwllama
    Re: Best Way to Keep First Ticket Off My Record
    Thanks, they rescheduled me for the end of the month.
    Great news is I will be working every day next week, hopefully they are open late enough for me to make it down after work on tuesday with the paperwork.

    If it says on my ticket he used "LASER SMD" then I do want to fill out number 3 on the discovery request form correct?

    Thanks!

    - - - Updated - - -

    I realized tuesday was probably too late, and I mailed the paperwork today because I will be working and don't have any chance to go down and do it in person. I don't really expect to have grounds for dismissal anyway so I'm not too worried about it.
  • 08-05-2012, 11:47 AM
    dwllama
    Re: Best Way to Keep First Ticket Off My Record
    just an fyi if anyone is curious or finds this thread later. I didn't have anything in the materials requested that seemed like I could get it dismissed. I went in and was offered an amendment to a tabs-expired charge which I took instead of using my deferral. Reduced the fine from $124 to $100 (not much but everything helps) and it doesn't show on my record as a moving violation anyway.
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