ExpertLaw.com Forums

Violating a Deferral I Did Not Know I Received

Printable View

  • 08-26-2013, 10:15 PM
    Misty Ai
    Violating a Deferral I Did Not Know I Received
    My question involves a traffic ticket from the state of: Washington.

    I received a traffic ticket in 2012 for going 10 miles over the speed limit. I wrote the court as asked for the fine to be reduced, and when the court responded, I assumed that my request had not been granted. I guess I didn't read the letter that carefully, but it said that I owed $150 to the court, so I went online and paid it and thought it was overwith.

    A few months later, I received another ticket on a university campus for making a wrong turn down a one way street (oops). I paid the infraction.

    Fast forward to July 2013, and I find a letter from the court saying I owe $120 for having received a ticket "during the deferral period." Um, what? I called the court, learned all about what a deferral is, and had them send me my docket. Nowhere in my docket does it say that I requested a deferral (because I didn't request one, I asked for the fine to be reduced). I also received from the court a 2012 copy of the agreement for the terms of a deferral that I was supposed to sign and return to the court: the document is missing my signature ... Why? Because I didn't realize I'd been given a deferral. I thought what I paid online was my traffic ticket fine! It doesn't make sense to me -- why would I get a deferral from the judge for a statement that asked for the fines to be reduced? Especially when I had a perfect driving record for over ten years?

    So, I guess my question is in three parts.

    1. Can a judge just give me a deferral when I didn't request one?
    2. Does the fact that I never signed the agreement mean anything at all to the court?
    3. Is it even possible to get them to waive this fee / do I have any options?

    Thank you for any insight you can provide.
  • 08-27-2013, 05:30 AM
    BrendanjKeegan
    Re: Violating a Deferral I Did Not Know I Received
    Technically, the court can do whatever they want in this scenario. RCW 46.63.070 allows the court discretion in its decision. It would be wise of you to read any judgment handed down by the court and to not just pay random fines.

    In fact, I'm willing to bet you knew this was a deferral. Your original ticket was $120 - the price after requesting "a reduced fine" was $150. Obviously something doesn't make sense here.

    Seems to me like you knew you received a deferral without asking for it and thought that it would benefit you. There's just so much that is fishy about this.
  • 08-27-2013, 08:07 AM
    Misty Ai
    Re: Violating a Deferral I Did Not Know I Received
    Yes, it's very fishy. Give me a break.

    I didn't even know what a deferral was until last month when I got the letter from the court saying I had violated it.

    Can anyone else actually answer the question and spare me the amateur sleuthing of a law school dropout?
  • 08-27-2013, 10:32 AM
    BrendanjKeegan
    Re: Violating a Deferral I Did Not Know I Received
    You're welcome to file a motion for relief from judgment. See CRLJ 60(b).

    But I guarantee you the judge is going to say the exact same thing that I just did. Be sure to explain to him/her that they're a law school dropout as well. See where that leads you.

    In response to your clearly ad hominem question (which I originally intended to leave on the table): Maybe you shouldn't jump to conclusions and read the sources that are cited in a response to your question. You will realize that the answer to your questions is quite clear. Just in case you can't find them, they're here and here.

    I guess some people just want the information spoon fed.
  • 08-27-2013, 12:20 PM
    Misty Ai
    Re: Violating a Deferral I Did Not Know I Received
    Just got off the phone with the court. The judge removed the original deferral from 2012 and is applying the $150 I originally paid to the $120 ticket; I will be reimbursed for the difference. When I get the official letter, I'll upload a picture here for you.

    Conclusion? If you know you didn't do anything wrong, don't pay the fine. I got a copy of the docket, wrote the judge twice asking her to review the case, and shocker ... I was right. Never requested a deferral, never signed a form agreeing to a deferral.

    People with advanced degrees aren't above ad hominem, especially when the opponent deserves an insult or two. Good thing law school dropouts who lurk on legal advice forums aren't allowed to become judges.
All times are GMT -7. The time now is 11:03 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved