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Stopped for Speeding but Given Ticket for Inattention to Driving

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  • 10-14-2014, 03:29 PM
    chinnokyo
    Stopped for Speeding but Given Ticket for Inattention to Driving
    My question involves a traffic ticket from the state of: Washington
    City of Bellevue.
    Was stopped for speeding, along with 3 cars in front of me and 3 behind me, at a classic speed trap. However the officer cited me for Inattention to Driving (BE11.48.040) which I understand it to be considered a non-moving violation.
    Do I have a case to contest this citation considering it wasn't for the original supposed violation?

    Thank you.
  • 10-14-2014, 05:02 PM
    free9man
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    The officer cut you a break. Pay the ticket and move on with life.
  • 10-14-2014, 05:47 PM
    adjusterjack
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    You were given a gift.

    Try to fight it and the citation could be amended to speeding (a moving violation).

    I agree, pay it and move on.
  • 10-14-2014, 05:50 PM
    jk
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    and if you look up the ordinance, if the OP was asked a question like:

    didn't you see that speed limit sign back there


    and the op said; no, I missed it


    it is actually a valid citation as due to the OP's inattention, he did not see the speed limit sign.


    but along with the others, I suspect it was intended to urge you to pay the ticket without contesting it. I think that is a good idea, unless of course you actually have a valid defense to a speeding ticket.
  • 10-15-2014, 08:51 AM
    searcher99
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    Quote:

    Quoting chinnokyo
    View Post
    Do I have a case to contest this citation…?

    You will not know what possible defenses are available unless you request a contested hearing and file for discovery. As part of discovery you will receive the officer’s sworn statement in which he/she will testify as to why you were cited. It’s possible you could find logical flaws in the statement to argue in court. Read the sticky thread Procedural Guide to Traffic Tickets in Washington State for more information.

    I doubt there is any harm in contesting but really it boils down to how motivated you are and what your time is worth. It might well be easier just to pay the fine. A few years ago I was also stopped at a speed trap in Bellevue, cited for 5 over and advised by the officer to just ask for a deferral. I didn’t believe I did anything wrong and hadn’t been pulled over for speeding in over 30 years, so instead I fought and won a dismissal.
  • 10-15-2014, 11:23 AM
    chinnokyo
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    Thanks everyone it's super helpful to hear your inputs.
  • 10-15-2014, 09:04 PM
    prusakolep
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    Does the ticket have "traffic violation" checked? If not, then this does not go on your record, so it may not be worth fighting. AFAIK cell phone tickets are not considered moving violations, so speeding tickets often get pled down to cell phone tickets by lawyers (in WA). Sounds like inattentive driving may be in the same category.
  • 10-15-2014, 10:28 PM
    donzoh1
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    If what you're looking at is not a moving violation, I'd consider letting sleeping dogs lie. It's possible that the officer just screwed up or that he cut you an intentional break. Either way, giving him an opportunity (or a reason) to amend the charges might be exceedingly stupid.
  • 10-16-2014, 08:05 AM
    searcher99
    Re: Stopped for Speeding but Given Ticket for Inattention to Driving
    With regard to the ticket getting amended to speeding if contested, more experienced WA members can correct me if I’m wrong but I just don’t see that happening—maybe elsewhere but not here. What will happen is that the judge will simply weigh the officer’s affidavit with whatever testimony the defendant offers, and the officer will NOT attend. In any case, a discovery request for the officer’s report certainly won’t trigger anything negative and the OP can still elect to pay the fine anytime before the hearing.

    I agree that simply paying the fine might well be the most practical option, but I certainly would not regard it as a “gift” or a “break”. Probably they issue a lot of these “inattention” tickets simply to discourage anyone from contesting. In my case a few years back for the place and circumstances under which I was stopped, I would not have been willing to pay even a nickel without fighting (but that’s just me).
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