Do Local Infractions Go on Driving Record in Washington

My question involves a traffic ticket from the state of: WA

My question involves a speeding ticket from the State of: Washington

Back in May I received a ticket for "Unlawful avoidance of a traffic control device," AKA driving through a parking lot to avoid a stop sign. This law is local to the city I received it in, it is not a WA state law, and I was cited under local code. The law for the city I got the ticket in actually lists the few pieces of private property this infraction is possible from.

I hired a lawyer to defend me in this case. My only concern is insurance rates, and I made sure he knew this. He said the case was not winnable, so my options were to use WA's deferral rule, or to pay the ticket. He said that if I paid the ticket, it would not show up on my driving record since it was not a violation of a WA statute.

I paid the ticket, since I would prefer not to use up a deferral if not needed. Now I get my next insurance renewal, and my rates are up $500 a year since it IS on my DMV record.

Does anyone know if what the lawyer told me was true? If it was not, do I have any recourse against the lawyer?

If it's on your DMV record, it seems quite obvious that your lawyer was wrong.

RCW 46.20.270 (2) states:

Quote:

---

Quoting RCW 46.20.270

---

2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways ... shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.

---

According to that, EVERY "moving" infraction SHALL (meaning MUST) be sent to the DOL. I agree with Mr. KIA -- your attorney was wrong. Now, do you have any recourse? That's a question that's WAY above my paygrade.

Barry

So my lawyer claims that he has done this many, many times, and they never show up on your DMV record. Even the clerk at the court was surprised it was on my record.

He agrees that the infraction is always sent to the DMV, but that unless the infraction is against a WA statute, it doesn't go on the record, and hasn't for years. According to him, what the WA DMV has begun to do is try and match up the local infractions to some similar state law.

So my offense for "avoiding a traffic control device" became "improper turn." Not sure how that's legal to put a random offense on your record instead of the one you committed.

We're looking into our options and filing a few petitions.

Oh my! What a mess! The problem, though, is: even if you can get the DOL to remove the infraction from your record, how do you get your insurance company to re-review that record? You might want to contact your agent and ask.

Barry