ExpertLaw.com Forums

Ticket for Inattention to Driving

Printable View

  • 06-10-2015, 10:30 AM
    ai2tman
    Ticket for Inattention to Driving
    My question involves a traffic ticket from the state of: WA

    I was driving in a 25mph zone, going with the flow of traffic, when I was pulled over by a motorcycle police officer. The officer told me that he pulled me over because I was speeding and told me speed was 27mph, +2mph above limit, and no other reason. On the ticket he issued me, speed wasn't included. The only note was "inattention to driving."
    I've never heard of this before. I would like to know if this is something I can take action against. Personally it sounds pretty ridiculous to me, but I suppose I could be mistaken. I wasn't the only person on the road and not the only one who got pulled over for that matter.

    Thank you in advance for your time and help.
  • 06-10-2015, 10:34 AM
    Mr. Knowitall
    Re: Inattention to Driving
    What's the exact charge on your ticket? For example, in King County:
    Quote:

    Quoting King County Code, Sec. 46.20.010. Inattentive driving - penalty.
    A. It is unlawful for any person to operate a motor vehicle in an inattentive manner.

    B. 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.

    C. A violation of subsection A. of this section is a civil infraction. The offense of inattentive driving shall be considered to be a lesser offense than, but included in, the offense of operating a motor vehicle in a negligent manner under RCW 46.61.525. A person convicted of inattentive driving shall be guilty of an infraction, and shall be subject to a fine of one hundred twenty-four dollars, plus any statutory costs and assessments.

    D. A citation for a violation of subsection A. of this section shall not be issued unless the officer issuing the citation has cause to stop or arrest the driver of the motor vehicle for the violation of some other provision of the King County Code relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.

  • 06-10-2015, 10:44 AM
    ai2tman
    Re: Inattention to Driving
    The only thing he told me was that I was doing 27 in a 25 zone. The ticket itself has only "inattention to driving" in the description. That is all.
  • 06-10-2015, 10:49 AM
    Mr. Knowitall
    Re: Inattention to Driving
    I can't see the ticket from where I'm sitting, while presumably you can. You can look at your ticket and tell us what offense is cited. If you can't figure out what statute or ordinance is referenced, and can't figure out the jurisdiction, we're not going to be able to do much more than say, "Do your discovery, decide if you want to mitigate or plead, and otherwise prepare for court."
  • 06-10-2015, 02:46 PM
    ai2tman
    Re: Inattention to Driving
    I know it sounds weird and you might even think I'm not looking at the ticket at all, but I assure you, the only thing listed in the description is "inattention to driving." I too am puzzled :\

    - - - Updated - - -

    Alright, I apologize for being clueless! But I just got home from work and reviewed my ticket and there is indeed a reference of sorts right next to "statute code" which says BE11.48.040
    I looked it up online and it seems to be a speeding ticket that was decreased to "inattention to driving."
    $120+ for doing 2mph over the speed limit though? Am I being unreasonable? Is this contestable?

    I really do appreciate your time and help.
    -frustrated vehicle operator :(
  • 06-10-2015, 04:19 PM
    searcher99
    Re: Inattention to Driving
    It might be contestable if you don’t mind a bit of extra effort plus a court appearance. Bellevue gives out a lot of the “inattention” tickets probably with the idea that most people are more likely just to pay and not contest. The Seattle Times has an informative article about those tickets relating to many King County jurisdictions. The good thing to know is that “inattention" ordinances are local, will not go on your state record, and do not have any effect on your insurance rates.

    If you would like to try contesting you will need to examine the sworn statement filed by the officer with the court, and look at how he measured your speed. If you have not already, read the sticky thread Procedural Guide to Traffic Tickets in Washington State, which links a discovery template. You can use that template to file for discovery which will include the officer’s statement. Forum members can help you decipher the statement. To do that you will need to redact anything that identifies you (including the citation number), upload a digital photo or scan to an image sharing site and link the images here in your thread.
  • 06-10-2015, 06:01 PM
    ai2tman
    Re: Inattention to Driving
    If I understand this correctly I must first send a notice that I want to contest the ticket(by the way, should I, within that notice, make an argument that the case should be dropped?) and then they will send me a court date notice. After I receive a court date notice and ONLY then I can submit a Discovery Request?
  • 06-12-2015, 07:45 AM
    searcher99
    Re: Inattention to Driving
    You should respond within 15 days and ask for a contested hearing. The court will mail you a hearing notice, and then you reference the court’s case number on your discovery request. You should not send any arguments with your hearing request because you have not yet viewed discovery. Written statements are allowed according to the court’s instructions, but do that only if making a personal appearance would be a hardship and only after examining discovery materials. Your chances are not as good and there is no appeal, but since “inattention” doesn’t go on your record you only risk paying the fine.

    The reason why chances are worse with a written statement has to do with IRLJ 3.5(a) which states in part: “The examination may be held in chambers and shall not be governed by the Rules of Evidence.” In other words, the judge has a great deal more discretion compared to a case heard in the courtroom.
  • 07-01-2015, 11:45 AM
    ai2tman
    Re: Inattention to Driving
    OK. So, per your advice I sent the ticket in letting them know that I'm contesting the ticket. It's been two weeks now, 11 business days, and I've received nothing in the mail. Time for a celebration or is it too early to tell what's happening?
  • 07-06-2015, 05:31 PM
    ai2tman
    Re: Inattention to Driving
    http://i60.tinypic.com/2lcla2d.jpg

    here is what i got in the mail. what should i do next?
  • 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.
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