My question involves a speeding ticket from the State of: Washington
HI I just received a $195.00 traffic ticket in the state of washington a few days ago for going 45 in a 25, while driving from Arizona to Alaska, and I have never received any tickets before. The police officer pulled me over within 1000ft of the speed limit dropping from 35 to 25, I honestly had no idea why i was being pulled over i thought he was trying to get to an emergency or something. I was wondering how to mitigate my ticket by mail, what do I say and how do i present it? Also can someone from out of state get the ticket deferred? On top of that my friend who was driving in another car a little behind me, he pulled behind the police officer about 30 seconds later to wait for me, the police officer motioned him a couple times to keep going but he waited for me. When the police officer found out we were together he gave him the same ticket as me! What should we do? I cant fly to WA to go to court either. any advice would be great! Thanks
How to Contest or Mitigate an Out-of-State Ticket
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05-04-2009, 08:00 PMnameless_akCan I Mitigate or defer my Out-of-State Ticket?
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05-05-2009, 10:24 AMThat GuyRe: Can I Mitigate or defer my Out-of-State Ticket?A change in a speed limit when a sign is posted indicating such a change is enforced from the point where that sign is posted. Not a certain distance (of less/more than a 1000 feet) before/after it.Quote:
Quoting nameless_ak
Assuming that the officer clocked your speed at 45mph AFTER you passed the 25mph speed zone sign, then there's nothing to suggest that the ticket is invalid. If he happened to have clocked you at 45mph before you passed the 25mph speed zone sign, then you might be able to argue that you were still in the 35mph zone and a charge of 45mph in 25mph is invalid.
So if you can somehow prove that he clocked you before you entered the 25mph zone OR if you can somehow raise doubt as to his ability to clock you at 45mph after you passed the 25mph sign and still be able to pull you over within a 1000ft of the sign, then you have a pretty good chance at dismissal.
However, keep in mind that either of those arguments and when stated as I did here, may invalidate the charge of 45mph in 25mph, you are essentially admitting you are guilty of speeding in that it validate that you were still exceeding the 35mph speed zone limit by driving at 45mph.
It basically depends upon the statute you are being charged of violating. If you would post that then I, or someone else can elaborate more.Quote:
Quoting nameless_ak
I don't see why not. One could assume that if you are going to be held to answer to the same laws, that you will be afforded the same defenses!Quote:
Quoting nameless_ak
Hahaha... I'm sorry, I know this is serious BUT he got a 2 for 1 :DQuote:
Quoting nameless_ak
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05-05-2009, 11:17 AMblewisRe: How to Contest or Mitigate an Out-of-State Ticket
Guy is essentially correct. You SHOULD be eligible for a deferral even though you are out-of-state. Of course, I don't know that for an absolute fact, and it may even vary by jurisdiction. I have expressed this opinion MANY times on the forum, but if it has worked, no one has ever come back to verify that fact. Maybe you will....
In any case, a "Decision on Written Statements" is available in most jurisdictions, but not all. Call the Clerk of the Court listed on your ticket to find out if they offer it as an option (some courts even offer a form on their website that you just have to fill in).
I think your friend might stand a better chance of getting a dismissal, since the officer did not "clock" him. The only "evidence" against him is you! When you told the officer you were together, you became the witness. If you don't show up to testify against your friend, there is no other evidence against him and his case SHOULD be dismissed -- but, of course, there are no guarantees.
Anyway, here's what I would do. I would respond requesting a contested hearing on BOTH tickets (be sure you make a copy of the front and back). I would then file a discovery request to get the officer's notes and to see the "filing" date on the court's copy of the citation. If the citations were not filed with 5 days, they can be dismissed.
Look over the officer's notes for discrepancies. If there are none, and if the court allows a DWS, I'd write asking for a deferral. If the court does not offer the DWS option, you'll have to either return for court, or just pay the ticket.
Good luck,
Barry -
05-05-2009, 11:55 AMThat GuyRe: How to Contest or Mitigate an Out-of-State TicketExcellent point!Quote:
Quoting blewis
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05-05-2009, 12:04 PMnameless_akRe: How to Contest or Mitigate an Out-of-State Ticket
The violation was a 4661400
I heard somewhere that it is best to go for mitigation if I don't have any solid proof that the ticket was unfair. Because essentially I was breaking the law and i really can't say otherwise why would I contest it? shouldn't I mitigate it hoping that they will lower the fine and or defer the ticket. IF i contest it and i lose isn't the penalty sometimes even higher?
What if they set a court date for me, there is no way that I could fly down to WA for a court date, can i just explain that to them?
When I write a letter to mitigate or contest the ticket should I explain that I was traveling the speed limit when the speed was reduced however i didn't see the sign and continued at the speed of 45mph because that is what the speed limit usually is on a highway going through a small town. OR not.
One more thing I also heard somewhere that they wont usually defer a ticket that you were going 10-15 mph over the speed limit, is that true?
Sorry I'm really clueless about this kind of thing...
Thanks for all your help so far! -
05-05-2009, 05:18 PMblewisRe: How to Contest or Mitigate an Out-of-State Ticket
If you chose "mitigation" you can still ask for a deferral. However, if the officer made a mistake (for example, didn't file the ticket within the 5 day interval), you can get it dismissed -- without having to use up your deferral. Plus, you can always request a contested hearing now, and change to a mitigation later.
That's why I think it's better to request a "contested" hearing, request the discovery materials, then, if the evidence looks conclusive, either mitigate or ask for a deferral. But, the choice is yours.
Oh, I've seen 25+ granted a deferral. It all depends on the judge.
Barry -
05-05-2009, 05:52 PMnameless_akRe: How to Contest or Mitigate an Out-of-State Ticket
So is it a for sure thing that after i choose to contest the ticket I can change it to mitigation if contesting doesn't work out? Plus I called the county clerk and i just got his/her secretary and she said that i couldn't contest it by mail just mitigate it, is this true?
Another question when i check the box on the ticket to send it back saying i want to mitigate or contest, is that when i send them a letter explaining my side of the story or do i wait for them to send me something back? -
05-05-2009, 06:29 PMblewisRe: How to Contest or Mitigate an Out-of-State Ticket
When you return your ticket, you will be sent a hearing date. At that time, if local rules allow, you can file your "written statement". Whether or not a court allows "written statements" is up to them. Personally, I don't know of any courts that allow mitigations by mail, but not contested hearings. What court are you dealing with?
Take a look at IRLJ 2.4 (b). In fact, you should be familiar with ALL of the IRLJ's, especially 2.6(c), and 3.5.
But, yes, you can ALWAYS change your plea.
Barry -
05-05-2009, 07:27 PMnameless_akRe: How to Contest or Mitigate an Out-of-State Ticket
It's the municipal court of Sumas.
Let me see if I have this straight.
1: send ticket back with the "contest box checked"
2:They send me hearing date.
3:I request the discovery materials
4:They send me the discovery materials.
5:Make sure the officer didn't make any mistakes such as not filing it within 5 days
6:IF the evidence is conclusive against me, I request a deferral, or do I ask to mitigate and then a deferral?
If I ask for a deferral do I still have to explain mitigating circumstances, or is it they give me a deferral or not, no explaining.
One other thing, If i get a deferral i cant get a ticket in WA for the next year or a ticket anywhere? -
05-05-2009, 08:21 PMblewisRe: How to Contest or Mitigate an Out-of-State Ticket
You've got it right. If you decide to change to a mitigation, you can send a letter to the court asking to change your plea and asking for a deferral. You should also include your reasons why you think the fine should be reduced, in case the court does not grant the deferral.
You only need to avoid a ticket in WA, since you're licensed in another state. No other state would even know to send violation information to WA. How would they identify you? Or know that you had a violation deferred in WA?
Barry