Failing to Stop at Signal
My question involves a traffic ticket from the state of: Washington
I received a ticket for running a red light and upon reading and researching the ticket I have noticed that the Citation is for RCW 46.61.015 the officer lists that this is for Fail to stop at Signal. When you go and read the RCW 46.61.015 it is not for traffic signals but for obedience to Officers, Flaggers, and Fire fighters. The RCW that pertains to traffic lights is 46.61.050. My question is do I have a chance of having this dismissed due to the officer writing the wrong citation?
Thanks in advance
Re: Failing to Stop at Signal
just out of curiosity:
was there an officer, flagger, or fire fighter at the intersection either directing traffic or there for any official purpose? Is it possible you did not see one of the above directing traffic?
as to getting out of the ticket:
the one that was written, if there were none of the noted entities there directing traffic, sure. Plead not guilty and state your case.
the only issue you have then is; can they write a citation for the correct RCW or amend the one already written. The answer is almost always yes but then the question is; will they and I cannot answer that one.
Re: Failing to Stop at Signal
Quote:
Quoting
jk
just out of curiosity:
was there an officer, flagger, or fire fighter at the intersection either directing traffic or there for any official purpose? Is it possible you did not see one of the above directing traffic?
as to getting out of the ticket:
the one that was written, if there were none of the noted entities there directing traffic, sure. Plead not guilty and state your case.
the only issue you have then is; can they write a citation for the correct RCW or amend the one already written. The answer is almost always yes but then the question is; will they and I cannot answer that one.
There was an officer in a car in the turn lane. But not one there for an official purpose or directing traffic.
Re: Failing to Stop at Signal
was he there simply as part of the traffic or was he performing some official duty?
Re: Failing to Stop at Signal
Re: Failing to Stop at Signal
Follow Barry's procedural guide and upload the discovery materials you receive. You have a potential motion here but you need to review everything they're going to use to come up with a few. The prosecutor (if present) may also attempt to move for an amendment to the correct RCW, and there's no guarantee your judge will see this as grounds for dismissal - a lot depends on your presentation.