Canadian Issued a Traffic Ticket in Washington

Hello, recently I was issued a ticket for 'Speed Over Legal' ($144; RCW 46.61.400; 72mph in 60mph; 'LASER @ 644 FT) and 'Violation of DOL Restriction ($124; RCW 46.20.041; Did not display 'Novice Driver' sign that is required of my BC Driver's License. This took place 'N/B on the I-5; NP 229; Skagit County, WA.'

I have read Barry's tutorial on traffic tickets and have come to the conclusion that I would like to Mitigate by Mail or Contest the ticket and go through the Discovery process. Can the discovery process and finding of lack of evidence still be done via mail? I live a couple hours from Mount Vernon and I would rather pay the ticket than take a day off work and drive down there to appear in court. I am more than willing to put in the time required to fight the ticket from Vancouver, Canada. However, I cannot afford this ticket as a student and I also believe it was unfairly issued. My goal is to reduce the ticket substantially OR have the ticket dismissed completely.

1. I do not believe 72mph was an accurate reading.
2. No more than 1/4 mile up the I-5 after I returned to the highway did the speed limit state 70mph. If the speed limit was 60mph, then it wasn't for long or wasn't very clear or I must have missed it.
3. I was not aware that my BCDL restrictions such as displaying the N sign were required in WA.

The options I have found:

Contest

I can contest the ticket by mail and request the discovery process to take place. This will cost me an additional $20 (10/violation) which will make the ticket $288 if I am unable to find lack of evidence and the judge does not reduce the ticket. Can I add a note to the bottom of the Defendant's Statement that requests mitigation as well if I check the Contest box? How likely is it that the ticket would be reduced if I lose? Also, if I lose, can I request deferral and therefore be required to pay only $150 if I lose and keep my record clean for a year? Are deferrals possible for Canadians and possible after the Discovery process and Contest? Do I just add: if I am lose this in court, I would like to request a deferral of the violations?

Mitigate

I can mitigate the ticket by mail and hope that the fine is substantially reduced. I think I have a decent argument regarding my lack of ability to pay, the rarity of the event and my ignorance of the DL restrictions and short-period speed limit change (if there was one). If the ticket is not reduced substantially, do I have an opportunity to request deferral? It appears that the Defendant's Statement should include the request for deferral, is that correct?

So far this is what I am inclined to do:

Mail in the ticket with the Contest box checked > Request Discovery > Review evidence and post on this forum for some feedback > Make a judgment call about whether I have a chance to win in court > Complete my Contest by Mail Defendant's Statement containing my argument against lack of evidence and/or my request for deferral. Can I contest the ticket and also apply for deferral in the case that I lose, or are those two options exclusive? Also, if I review the Discovery documents and find that I was in the wrong, can I change my plea to guilty and request mitigation in my Defendant's Statement online (even though on the ticket I would have checked 'Contest')?

Any help on my course of action is greatly appreciated. As are additional documents or threads for me to read!

Citing you for 46.20.041 is bogus. That section is for people with physical or mental disabilities or diseases. There is no such requirement to display a "new driver" sign in Washington State to my knowledge, therefore you simply ask for a dismissal of the charge for lack of evidence. Sounds like that WSP officer has little to no knowledge of the law concerning such matters. What is enforceable in Canada for this type of restriction is not enforceable in Washington unless we have the same law.

As for the speeding, where exactly did you get popped? I am guessing just past the US Border Patrol stop?

Thanks, I did not really read into the actual citations. Stuck in that stupid mindset of believing that an officer wouldn't lie to me when he told me that the same rules apply in WA as BC. However, what about "(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction"? I was stopped right before Exit 229 George Hopper Road, Burlington. I am not sure where the Border Patrol Stop is..I do know that at some near point before I was pulled over, the speed limit was 70mph. And almost immediately after I took the onramp back to I-5 from George Hopper Road (decided not to do an illegal merge back onto I-5 so I took exit 229) the speed limit was 70mph.

So already, if I can get that Violation of DOL Restriction off, I am down to $144..contesting is looking more appealing.

The speed limit drops to 60 right at mile marker 231 going South (right at the Burlington city limits), and does not go back up to 70 until you get all the way to the South end of Mount Vernon.

As for section 5, no. All sections of 46.20.041 are specific to persons with physical or mental disabilities or diseases. The Washington State Patrol does not have authority to enforce an ICBC requirement that does not exist in Washington State law.

Quote:

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Quoting ICBC New driver sign condition for Class 7L, 8L, 7 and 8 licences

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30.10 (1) In this section, "new driver sign" means a sign, issued by the Insurance Corporation of British Columbia for the purposes of this section, to indicate that a motor vehicle is being driven by a person who is learning to drive or by a novice driver.

(2) Subject to the exception set out in subsection (3), a person to whom a Class 7L or 8L licence is issued must not operate a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless a new driver sign depicting the letter "L" is clearly visible and prominently displayed from the rear of the motor vehicle or trailer, as the case may be.

(3) The new driver sign condition under subsection (2) does not apply in the course of the person receiving practical driver training conducted in accordance with Division 27 by a licensed driver training instructor, unless the practical driver training is being conducted in a private vehicle under section 27.09 (7).

(4) Subject to the exception set out in subsection (5), a person to whom a Class 7 or 8 licence is issued must not operate a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless a new driver sign depicting the letter "N" is clearly visible and prominently displayed from the rear of the motor vehicle or trailer, as the case may be.

(5) The new driver sign condition under subsection (4) does not a apply in the course of the person receiving practical driver training conducted in accordance with Division 27 by a licensed driver training instructor, unless the practical driver training is being conducted in a private vehicle under section 27.09 (7).

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Quote:

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Quoting ICBC Offence 30.13

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A person commits an offence who fails to display the signs required by section 30.10 (2) or (4).

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Quote:

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Quoting RCW 46.20.041 Persons with physical or mental disabilities or diseases.

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(1) If the department has reason to believe that a person is suffering from a physical or mental disability or disease that may affect that person's ability to drive a motor vehicle, the department must evaluate whether the person is able to safely drive a motor vehicle. As part of the evaluation:

(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease he or she is able to safely drive a motor vehicle.

(b) The department may require the person to obtain a statement signed by a licensed physician or other proper authority designated by the department certifying the person's condition.

(i) The statement is for the confidential use of the director and the chief of the Washington state patrol and for other public officials designated by law. It is exempt from public inspection and copying notwithstanding chapter 42.56 RCW.

(ii) The statement may not be offered as evidence in any court except when appeal is taken from the order of the director canceling or withholding a person's driving privilege. However, the department may make the statement available to the director of the department of retirement systems for use in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence in any administrative proceeding or court action concerning the disability benefits.

(2) On the basis of the evaluation the department may:

(a) Issue or renew a driver's license to the person without restrictions;

(b) Cancel or withhold the driving privilege from the person; or

(c) Issue a restricted driver's license to the person. The restrictions must be suitable to the licensee's driving ability. The restrictions may include:

(i) Special mechanical control devices on the motor vehicle operated by the licensee;

(ii) Limitations on the type of motor vehicle that the licensee may operate; or

(iii) Other restrictions determined by the department to be appropriate to assure the licensee's safe operation of a motor vehicle.

(3) The department may either issue a special restricted license or may set forth the restrictions upon the usual license form.

(4) The department may suspend or revoke a restricted license upon receiving satisfactory evidence of any violation of the restrictions. In that event the licensee is entitled to a driver improvement interview and a hearing as provided by RCW 46.20.322 or 46.20.328.

(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.

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I have a couple questions hopefully people can answer. Is it highly inadvisable to do send in the contested ticket and then when I receive the letter from the court, follow the directions for trial by mail? Can I still request discovery in this manner and/or does it reduce my chances of winning? When the court states the time period in which it must receive your notices, does that always mean postmarked by that date or received? I live in BC and making the trip down/court time may be more costly than paying the entire ticket.

Secondly, the WA penalty schedule that Barry posted states that 10mph over the limit above 40mph is $113, while 15mph over is $144. I was fined $144 for going 12mph over the speed limit. Do they round up, or is this an error on the officer's part?

Cheers!

There is no penalty to your BC license because Washington does not have a reciprocity agreement with Canada. In other words, the ticket isn't reported to ICBC, so they never know about it. So, If you want to cost yourself the least amount of money, your best bet is likely to file for a mitigated hearing by mail. Your penalties will be reduced for mitigated hearings. However, you have a unique situation. It may pay off to come down and do mitigated for the speeding charge and contested for the bogus license violation charge.

In any case, you should figure out what you're going to do and respond within 15 days from the day you were cited.

Thanks again for all your help. It seems like you are implying that it is not a good idea to try to contest this by mail? Can I not mail the ticket in with Contest checked, receive the court date, request Discovery, then submit my contest by mail (Defendant's Statement) before I am due in court? Sorry, I am slightly confused about whether I need to be present in court to use discovery of evidence information.

Quote:

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Quoting msmith19

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Secondly, the WA penalty schedule that Barry posted states that 10mph over the limit above 40mph is $113, while 15mph over is $144. I was fined $144 for going 12mph over the speed limit. Do they round up, or is this an error on the officer's part?

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Huh? The Penalty Schedule CLEARLY states:

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Quoting Monetary Penalty Schedule for Infractions

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Speeding (RCW 46.61.400) if speed limit is over 40 m.p.h.
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11-15 m.p.h. over limit $144.00
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"12" seems to fit very nicely in the range of "11 - 15" -- at least in the US.

Barry

Edit: Oh, wait! If you "download" the document and view it in Word, the "dash" shows up, but the Google Docs version that you "view" only says "11 15" -- I apologize, or is that apologise?

No, you can use discovery for trial by mail, but beware. The evidence rules are not the same and there is no appeal process.

Discovery for trial by mail might be a bit more trouble than it's worth, especially if I already have a decent case for dismissing one of the charges. If I am able to contest the restrictions charge I am down to $144. Now I just need to determine whether it would be successfully dismissed via mail and/or whether mitigation would reduce the fine amount by more than $124..