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  1. #1
    Join Date
    Aug 2010
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    5

    Default Getting a Seat Belt Infraction During Deferral of a Speeding Ticket

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

    RCW 46.61.688 refers

    I received a deferred finding for a speeding ticket last year. It's been 8 or 9 months since the finding and about 11.5 months since the speeding ticket.

    Today I received a traffic infraction for failure to wear a seat belt. I have a perfect driving record except for these two things.

    Am I going to have to pay the speeding ticket now? Is there anything I can do help my situation?

    I have not responded to the ticket yet (contest, mitigate, etc)

  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    Contest it. File discovery. And read the officer's statement.

    He's got nothing on you. I've seen about six statements that say: The defendant was not wearing a seatbelt.

    That's it. No signature under penalty of perjury, no reference to the original NOI, no reference to if he himself saw it.

    Brendan

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    I dont think a deferred ticket (time period is too long) does anyone but the state any good. Your only good choices are: a) fight it b) do anything else but deffer.

  4. #4
    Join Date
    Aug 2010
    Posts
    5

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    So if I file discovery, read the officer's statement and find that there is no signature under penalty of perjury, and/or no reference to the original NOI, and/or no reference to if he himself saw it. Then then ticket would be dismissed?

    When I went to court for my speeding ticket, I remember the judge offering extensions to the "waiting period" on deferred findings. I'm not sure if I interpreted the situation incorrectly or if that is really what was going on, but I was wondering what my chances are that the judge might show me the same kind of sympathy.

    Have you heard of this happening before?

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Smile Re: Deferred Ticket Ruined by Seat Belt Infraction

    You will get no sympathy from a judge; he should be polite though as he fines you 100 bucks and tags your license with 1000 points, why wouldn't he be - its not his driving record.

    If there is no certified statement, then you will win, yes.

    Are you willing to fight for this ticket - you may need to spend ~10-30 hours preparing.

  6. #6
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    Well, it all depends. What did he swear happened? The only way to find out is to read his statement.

    I'm not really sure what you're talking about in the second part.

    Brendan

  7. #7
    Join Date
    Aug 2010
    Posts
    5

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    ill post a picture of the ticket. all it said on it is failure to wear a seatbelt (with reference to the rcw) of course i dont have a statement from him.

    What i meant in the second part is really a question in the form of a statement; the question is, does the judge ever grant extensions on deferred findings... by that i mean, there is a year long waiting period on deferred findings, if u get another moving violation in that year span of time after the finding, then its supposed to cancel the deferral. Does a judge have the power to grant extensions such that, yes I have another ticket, but can i pay this one and then add another 6 months to the deferral wait period?

  8. #8
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    Quote Quoting emseahays
    View Post
    ill post a picture of the ticket. all it said on it is failure to wear a seatbelt (with reference to the rcw) of course i dont have a statement from him.
    That's why you request DISCOVERY.

    Quote Quoting emseahays
    View Post
    What i meant in the second part is really a question in the form of a statement; the question is, does the judge ever grant extensions on deferred findings... by that i mean, there is a year long waiting period on deferred findings, if u get another moving violation in that year span of time after the finding, then its supposed to cancel the deferral. Does a judge have the power to grant extensions such that, yes I have another ticket, but can i pay this one and then add another 6 months to the deferral wait period?
    Where would you get such a crazy idea. Absolutely not.

  9. #9
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Deferred Ticket Ruined by Seat Belt Infraction

    get your discovery and post it........we will help but there are so many what ifs.........

    No a judge will not give a extension.....lets work on getting this ticket dismissed so you dont get "double dinged"

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