ExpertLaw.com Forums

Ticket for Inattention to Driving

Printable View

Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
  • 07-08-2015, 08:22 PM
    searcher99
    Re: Inattention to Driving
    Quote:

    Quoting ai2tman
    View Post
    what should i do next?

    Refer back to the Procedural Guide linked above, get the discovery template and follow instructions to make a discovery request. The best way is to make 3 copies, go to the prosecutor’s office and get a receptionist to stamp all 3 copies. They keep one, you keep one and then you take one to the court and give it to the clerk to file. You would need to serve it no later than this coming Monday 7/13 which is 14 days before the hearing. If you serve it exactly 14 days early, you have a better chance that they won’t respond in time which by itself is grounds for dismissal.

    I should make a disclaimer here that I have no actual experience with contesting an “inattention” ticket, but you have nothing to lose by trying and you can change your mind anytime. It would be interesting to see the officer’s sworn statement and what sort of evidence he presents to prove that ordinance. When you receive it you can post a redacted copy, and maybe someone here can offer more specialized information.

    Because this is a Bellevue ordinance, the discovery request goes to the city attorney. As I understand it, you would deliver to the front “service first” desk and they send it upstairs. If you decide instead to mail your request, it should be certified with return receipt request to the prosecutor and regular mail to the court, allowing a few days for delivery.
  • 07-17-2015, 11:14 AM
    ai2tman
    Re: Inattention to Driving
    I received the discovery papers. Says 37mph in them, even though he told 27mph(2mph over) when he pulled me over originally. Also, he had pulled over other cars in the same exact time, lined them up in a row. It doesn't make sense that the car in front of me and behind were also doing doing 35+, doesn't add up. Second, I've never seen or heard of an officer being lenient in situations in which the offender is 10+ over the limit, I've seen decrease by 5mph, but a decrease to "inattention to driving" from a 12+ over the limit? Does this become a he said he said situation, where it's my word against the officer's?
    He states I said I didn't the speed limit there, but it's entirely untrue, I never said that, I drive on that road everyday(maybe the language barrier got in the way, my English isn't all that good), but I asked him a few times if he's writing the ticket because of only 2mph that he originally said I was doing, and he repeatedly said yes. Because I wasn't explaining myself with 100% English accuracy, I am in this situation.

    Please don't give me a hard time. Please, don't claim that I am lying, or misinforming the forum. I'm not here to waste anyone's time. I have no reason to do so, especially since my identity isn't revealed. I'm here looking for a legitimate defense to, in my opinion, an illegitimate ticket.

    Thank you in advance for you time and help!
    ai2tman

    http://i60.tinypic.com/2luxjs0.jpg

    http://i57.tinypic.com/11hqf6o.jpg
  • 07-18-2015, 04:34 PM
    jojo
    Re: Inattention to Driving
    So let me sum up:
    * You were clocked at 37 in a 25 -- that's 12 over not 2 over (it does not matter what speed YOU think you were going, it only matters what the officer's RADAR thinks you were going).
    * You ADMIT you weren't paying attention. That means you're totally guilty as charged.
    * In case you didn't know, the penalty for 12 over in a 25 zone is $154
    * The officer has saved you $30, plus this will not go on your record. Man, you lucked out.

    My advice, pay the ticket and get on with your life.
  • 07-19-2015, 08:43 AM
    searcher99
    Re: Inattention to Driving
    Hi ai2tman, I’ve been thinking over your situation for a couple days and would like to comment. First, I agree that the officer’s report is pretty well written and you will probably end up just having to pay the ticket.

    However, having said that I also disagree with the notion that Bellevue officers are giving “breaks” by reducing tickets from speeding to inattention. Instead I suspect they write inattention tickets because fewer people will contest, and ordinance fines are not shared with the state. It’s a better deal for the city and also for the defendant, but the city benefits even more because they can write a LOT of these tickets. Bellevue’s ratio of paid tickets to charges was 51% in 2014 compared to 39% for all King County District courts. That difference could be due to a combination of factors including higher per capita income, better police work, and/or more inattention tickets.

    Bellevue’s ordinance defines inattention as follows: “For the purpose of this section, “inattentive” means the operation of a vehicle upon the public highways of this city in a lax or slack manner.” That seems really quite vague compared to King County’s far more detailed ordinance (quoted earlier in this thread by Mr. K) which states: “For the purposes of this section "inattentive" means with a negligent lack of attentiveness to conditions, circumstances, and one’s duties required to safely operate a motor vehicle. "Conditions" include, but are not limited to, the nature and condition of the roadway, presence of other traffic, presence of pedestrians and weather conditions.”

    If I understand correctly, you mentioned that the officer pulled over a line of cars, and that you did not admit inattention to speed. The officer’s statement, “The defendant stated they were not paying attention to their speed at the time of the violation” sounds to me like a canned form statement designed for multiple inattention tickets, using a more general “they” instead of “he” or “she”. Unfortunately, if it is your word against the officer’s, he will probably win.

    Inattention is a secondary offense meaning the officer must have a primary cause to stop you (such as speeding). Perhaps a successful motion to suppress radar evidence would also get the inattention thrown out, but I’m not sure. The only way I can see to suppress radar would be an issue with the calibration certificate (mismatched tuning forks, out-of-date calibration or not properly filed at the court).

    To pursue the matter further (only if you are interested and don’t mind the time), you could try visiting the court before your assigned date to take notes on outcomes of contested inattention tickets and check the radar certificate. A court clerk can tell you when the next infraction sessions will be with the same judge you will have. That’s what I would do, but for most people it’s understandably not worth the time and trouble for this kind of ticket. Of course if you were to watch a few cases and see everyone losing, then you could just pay on your way out and be done with it, or get more time to pay by asking a clerk for a continuance.
Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
All times are GMT -7. The time now is 01:47 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved