ExpertLaw.com Forums

Getting A Trial After Failure To Appear

Printable View

  • 04-29-2008, 04:35 PM
    BRAND0N
    Getting A Trial After Failure To Appear
    My question involves traffic court in the State of: Washington

    Hello everyone,

    This is my first post on these forums. I have searched this topic but have had no luck finding an answer to my question. I am 19 and live in Washington State.

    I have been driving for the past two years with no traffic violations on my record until now. I have recieved three traffic tickets since the beginning of the year! My first ticket occured in early January the second in early March and the most recent last Friday 4/26. I will briefly list offenses for each ticket:

    1) Driving 40mph in a 25mph

    2) Illegal Lane change + Driving in the HOV

    3) 78mph in a 60mph

    I have already been in court regarding the first ticket and have paid that ticket in full. My intent was to try to defer the second ticket but now that I have recieved my third ticket that will not be possible.

    My big question revolves around the second ticket. I recieved my court date by mail but did not respond in a timely manner and failed to appear in court. I would like to know my options for a retrial. I know that my honest answer will be considered an excuse by the court and will probably result in nothing but I actually threw away my court order by accident in a pile of junk mail! Can anyone please tell me my options right now. I will be fighting this third ticket with the help of a lawyer. I would like to fight the second ticket as well but I think that my chance of having a retrial is very slim. Please let me know if you have been in this situation or if you know any legitamte excuses for a retrial.

    Thanks!
  • 04-30-2008, 08:20 AM
    blewis
    Re: Getting A Trial After Failure To Appear
    These tickets are not the real problem. The REAL problem is that you probably won't have, nor will you be able to get insurance if all three of these go on your record.

    You say you're going to get an attorney to fight the third ticket, but it's the second ticket that's probably going to require the attorney. You will have to submit a motion to set aside the default judgment which resulted when you failed to appear. An attorney will know how to do that. If that is successful, you may still be able to get your deferral, however, you must dispose of the THIRD ticket BEFORE you ask for the deferral. Whether you get off or pay the third ticket, just make sure it is done OUTSIDE the deferral window.

    IMHO, I think you ought to let the attorney handle BOTH the second and third tickets. A good attorney should be able to get the default judgment set aside, get you a deferral on one of the tickets, and either get you off or plead you to a non-moving violation on the third. And, whatever the cost, it will probably be significantly cheaper than the insurance increase -- assuming you can even get insurance.

    Oh, and slow down!

    Good luck,
    Barry
  • 05-01-2008, 11:11 AM
    BRAND0N
    Re: Getting A Trial After Failure To Appear
    Thanks for the advice! Yes, I have been driving way too fast...I really need to work on that. Well, what you were saying fell right in line with my plan of action.

    Thanks!
All times are GMT -7. The time now is 11:33 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved