ExpertLaw.com Forums

Ticketed for Speeding and Following Too Closely

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 11-27-2018, 09:58 AM
    tomeus
    Ticketed for Speeding and Following Too Closely
    My question involves a traffic ticket from the state of: Washington, County of Pierce

    Hi, I just received the statement via email yesterday and the court hearing is tomorrow - I don't see anything that I could use for me defense, except that the certification portion is a boiler plate. But I doubt that is sufficient.

    How about the following too closely?

    Page 1

    https://ibb.co/Q9pKYrz

    Page 2

    https://ibb.co/hYJDkbD

    Thank you in advance
  • 11-27-2018, 11:59 AM
    tomeus
    Re: Speeding Tickets + Following Too Closely
    Is there anything that can be used as a technicality i.e. missing information that would be required that would allow for arguments for dismissal?

    I don't see anything, yet I am not an expert. And I am being told lawyers "can dismiss almost any ticket"... Thank you
  • 11-27-2018, 12:07 PM
    PayrolGuy
    Re: Speeding Tickets + Following Too Closely
    It is untrue that a lawyer can dismiss almost any ticket. And a lawyer would cost you about the same as paying the ticket with no guarantee it would be dismissed.
  • 11-27-2018, 02:34 PM
    DAWW
    Re: Speeding Tickets + Following Too Closely
    Quote:

    Quoting tomeus
    View Post
    I don't see anything, yet I am not an expert. And I am being told lawyers "can dismiss almost any ticket"... Thank you

    Many people say many things. Especially on the Internet. Does not make those things true. Or likely.

    All other things being equal, a high priced lawyer expert in this field is likely to get you a better result then no lawyer, but a lot of people with high priced lawyers ended up in prison, it is far from a sure thing. Maybe 20 years ago Microsoft got taken to court on their benefit plan. They had the best lawyers money could buy and most of "experts" thought Microsoft was right. The court did not. Oops.

    In your example, based solely on the facts as you have presented them, no one here thinks you are right. You could still win. Stranger things have happened. But if I could bet $20 based solely on what you have said, it would be that you would lose.
  • 11-27-2018, 03:52 PM
    pg1067
    Re: Speeding Tickets + Following Too Closely
    Quote:

    Quoting tomeus
    View Post
    Thanks guys, anyone with an actual analyses of the written statement please?

    Aside from all the technical mumbo jumbo, it says you were clocked well in excess of the posted speed limit and were tailgating the cop. You haven't provided any information that would lead anyone to believe you have a viable defense, so what do you expect anyone to say?

    Quote:

    Quoting tomeus
    View Post
    Is there anything that can be used as a technicality i.e. missing information that would be required that would allow for arguments for dismissal?

    The document in question appears to be a police report. If that's right, it's not evidence, so even if something were "missing," it would be of no consequence.

    Quote:

    Quoting tomeus
    View Post
    I am being told lawyers "can dismiss almost any ticket".

    Being told by whom? Lawyers cannot dismiss anything. Only the court, the prosecutor or the cop can dismiss the traffic charges against you. Nevertheless, you're free to ask whomever told you this for a referral to one of these magical "lawyers [who] can dismiss almost any ticket."

    Quote:

    Quoting PayrolGuy
    View Post
    And a lawyer would cost you about the same as paying the ticket with no guaruntee it would be dismissed.

    Fo shizzle.
  • 11-27-2018, 04:03 PM
    joef
    Re: Speeding Tickets + Following Too Closely
    Quote:

    Quoting pg1067
    View Post

    The document in question appears to be a police report. If that's right, it's not evidence, so even if something were "missing," it would be of no consequence.

    The document in question is the sworn police officer statement which in WA state for a traffic ticket is the only evidence which is normally presented by the prosecution. Unless subpoenaed by the defendant the officer will not appear at the hearing/trial. If any information needed for conviction is missing in it, the defendant should prevail.
  • 11-27-2018, 04:04 PM
    pg1067
    Re: Speeding Tickets + Following Too Closely
    Quote:

    Quoting joef
    View Post
    The document in question is the sworn police officer statement which in WA state for a traffic ticket is the only evidence which is normally presented by the prosecution. Unless subpoenaed by the defendant the officer will not appear at the hearing/trial. If any information needed for conviction is missing in it, the defendant should prevail.

    There's no apparent missing info.
  • 11-27-2018, 05:20 PM
    Bbonez
    Re: Speeding Tickets + Following Too Closely
    I'm not familiar with Washington Law but it appears that you are looking for a loophole or a hail mary. If the law states you need to allow more than "two car lengths" you can let the judge know a smart car is less than 9 feet long......
  • 11-27-2018, 06:43 PM
    tomeus
    Re: Speeding Tickets + Following Too Closely
    The law does not state that, the law states:

    "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway."

    it is vague, but based on reading all the other poster this on it's own is not enough as the officer is "always right, unless proven otherwise".

    And I thought this forum is here to help us exchange information on what we find so we are all better educated.
  • 11-27-2018, 11:42 PM
    joef
    Re: Speeding Tickets + Following Too Closely
    Quote:

    Quoting tomeus
    View Post
    The law does not state that, the law states:

    "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway."

    it is vague, but based on reading all the other poster this on it's own is not enough as the officer is "always right, unless proven otherwise".

    And I thought this forum is here to help us exchange information on what we find so we are all better educated.

    It is to exchange information. Reasonable and prudent at 60 mph is about 6 car lengths with good weather and road conditions, longer if not. 2 car lengths is not reasonable or prudent. You would need to provide credible evidence that the officer was wrong about your following distance. For traffic related observations police are considered trained, expert, impartial witnesses. Defendants are none of the above, they are considered biased and so their testimony is considered less credible. This makes beating the following too close very hard to beat, it is your word against the officer’s. Speeding charges are usually beaten because of technical issues related to the admissibility of the RADAR/LIDAR measurement. Your officer’s statement appears to have all the i’s dotted and t’s crossed. Thus the advice to just pay the tickets. Your other option is to try and meet with the prosecutor before court looking for a plea deal for non-moving violations. With two tickets I doubt deferral is on the table but you can ask. Also, in WA, the standard to convict for traffic offences is preponderance of the evidence, not reasonable doubt. You would have to demonstrate that it more likely you did not do these things than just casting doubt on the officer’s statement.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 03:14 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved