Contesting Following Too Closely Ticket in Court

Re: Traffic Court in Washington State

My mom got in a rear end collision on the 405. She was the "proximal" (not sure if that's the right term) cause of the accident involving 4 vehicles. (She hit a car in stop and go traffic, who hit a car, who hit another car) Her insurance has taken care of the insurance claim portion with regards to all the vehicles. However, she received a citation for "following too closely." Not quite knowing the traffic court system very well, we contested the ticket, subpoenaed the officer, requested discovery and a translator (she doesn't speak English fluently). The prosecutor also subpoenaed a witness (the person in the car in front of hers).

After doing more research as well as reading the extremely helpful post by blewis (the procedural guide to traffic tickets), we were wondering if it's possible to "UN"subpoena the officer and witness and request a deferral instead. We don't want the officer and witness to waste their time by coming if she can be granted a deferral instead. She already has a court date (on Tuesday). Can we call the clerk and ask to "UN"subpoena the witnesses then go to court on Tuesday and request a deferral (especially on such short notice)? She is scheduled to appear in the Burien courthouse (South Division of King County Courts)

She has a completely clean record and has never had a deferral before. She is very nervous and does not want to have to speak in front of the judge if possible...also doesn't want to waste anyone's valuable time if unnecessary.

PLEASE ADVISE!!! Thank you very much!

I answered you PM, but I'll answer you here, as well. The only thing I can think of is to call the Clerk of the Court and tell them that you'd like to change your plea to "mitigation". It may be too late, but it's worth a try. If that fails, when your mother's case is called, have her tell the judge she'd like to change her plea.

Good luck,
Barry

Thank you so much for your help!!

Just to clarify....when a mitigation hearing is requested, the plea is guilty?
Then you can request a deferral at this point?

Also, when you mentioned changing her plea to the judge, is she entering a guilty plea then can make the request for a deferral?

I appreciate your replies!

The answer to each of your questions is "yes". It sounds like you understand. Let me know how it turns out.

Barry

Thanks again. I'll let you know after we go to court tomorrow morning.

Today we submitted a letter indicating our intention to request a deferral (It was too late to change the hearing to mitigation). We also asked to cancel the officer subpoena so that we don't waste anyone's time. Hopefully the letter was received, and we can just go to court and pay the admin. costs and leave! (the clerk said it shouldn't be a problem and even if the officer still shows, our letter will demonstrate good faith and our intentions...)

Just to followup.....it was very easy in court. The judge was very nice! She said she received the letter and was granting the request for deferral. We paid $150 and left.