Washington State Speeding Ticket Cowlitz County
My question involves a speeding ticket from the State of: Washington.
I was charged in Cowlitz County WA with negligent driving 2nd degree. When the officer gave me the ticket I looked at the details. The car he listed as speeding had British Columbia license plates, but the rented car I was driving had Alberta plates.
He made a mistake because he assumed that because I was from BC, my car was as well. I have paperwork from the rental company confirming my claim.
Is this error enough for dismissal??
Thanks.
Re: Washington State Speeding Ticket Cowlitz County
If they were accusing the car of Neg-2nd, that might be enough, but I doubt it was driving itself. As long as YOU are properly identified, that's quite sufficient. Our Court Rules state:
Quote:
Quoting IRLJ 3.1
No notice of infraction shall be deemed insufficient ... by reason of defects or imperfections which do not tend to prejudice substantial rights of the defendant.
But, you say you were charged with Neg-2nd -- due to speeding? Why not give us some details and let us see if we might have some advice for you.
Barry
Re: Washington State Speeding Ticket Cowlitz County
Thanks for responding so quickly Barry.
When the officer pulled me over, he informed me that he watched me tailgate 6 vehicles and switch lane several times with out signaling. I will admit that I was speeding, although I was traveling with other vehicles doing the same speed. But there was only a hand full of cars on the road (it was around 12.30am), so I wasn't running people off the road as he claims, and I always use my signal, even if I was driving a bit fast.
I feel that the officer saw Canadian plates and decided to nail me with whatever he could.
Is there anyway to fight a ticket via phone, email, "snail mail", because of the distance involved? I live about 6 hours away, 5 if I speed haha.
Re: Washington State Speeding Ticket Cowlitz County
Quote:
Quoting
apyett
Is there anyway to fight a ticket via phone, email, "snail mail", because of the distance involved? I live about 6 hours away, 5 if I speed haha.
Fight it? Sounds like you'd be found pretty guilty. However, today may just be your lucky day. The Cowlitz County District Court website has a deferral program. Read of the link page -- it will tell you just about everything you need to know. There is an application at the bottom of the page.
Apparently, it even covers Neg-2 -- a lot of courts in WA will not grant a deferral for Neg-2. Plus, it will only cost you $150, in lieu of the $550 for Neg-2.
So, my advice is fill out the form (assuming that Cowlitz District Court is the correct jurisdiction and that you haven't had a deferral in WA within the past seven years), send in the $150, and get on with your life.
Plus, remember, only another infraction in WA will cancel the deferral.
Yep, it could be a VERY lucky day for you. If there are any casinos nearby, you might want to SLOWLY drive over and try your hand.
Barry
Re: Washington State Speeding Ticket Cowlitz County
If it were me I'd try and fight it (the economy is tough so I'd never just give away money!) You have nothing to lose by requesting a discovery and reviewing the officer's statement. If you examine it closely and you don't see any issues (there's always something, trust me), then you could seek a deferral. You said were cited for Neg-2...did the officer indicate a speed or a means by which he clocked you? Believe it or not, the officer's report has to indicate negligence by preponderance of the evidence - changing lanes without signaling is not a de facto indicator of negligence in Washington. In other words, if the officer isn't thorough in his statement, you might be able to win a dismissal.
Re: Washington State Speeding Ticket Cowlitz County
Thank you very much for all your helpful info. I've opted for the deferal program, I hope they allow it, since I'm living in Canada now.