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  1. #1

    Default No Proof of Insurance Citation on Issued Private Property

    My question involves Vehicle insurance law for the state of: Washington

    Question of location. I was recently cited for DWLS 3rd and no insurance. This seems very cut and dry right. I was cited on private property by a Pierce County Deputy Sheriff. He did not arrive on the seen for twenty minutes or so after the fender bender occurred on private property. 500 or more feet from a public roadway.

    I have chosen to represent myself in these maters and have done so on several other occasions. With varied but largely favorable results.

    As I read the RCW’s involved 46.30.020 and 46.20.3421C all is clear with one difference. The language of the DWLS 3rd "upon a highway in this state" while the no liability insurance law reads "in this state".

    So, in you experience, how is the apparent difference being handled by the courts. You see the prosecutor's DISCOVERY indicates no witnesses or affidavits from them only the officer’s report and citation. I would like to cite here-say. No witness to the crime. And I believe I will be successful on the one but what about the other?

    I apologize for short notice, the hearing is for Jan 13th. I hope you can bring some clarity to this situation.

    Thank you, Sincerely,

    Here are the RCWs in question >>>>

    RCW 46.30.020
    Liability insurance or other financial responsibility required — Violations — Exceptions. (Effective until July 1, 2011.)

    (1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16 RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.

    RCW 46.20.001
    License required — Rights and restriction.
    (1) No person may drive a motor vehicle upon a highway in this state without first obtaining a valid driver's license issued to Washington residents under this chapter. The only exceptions to this requirement are those expressly allowed by RCW 46.20.025.

    (2) A person licensed as a driver under this chapter:

    (a) May exercise the privilege upon all highways in this state;

    (b) May not be required by a political subdivision to obtain any other license to exercise the privilege; and

    (c) May not have more than one valid driver's license at any time.



    https://docs.google.com/document/d/1...thkey=COjyq8QM

  2. #2
    Join Date
    Sep 2010
    Posts
    18,926

    Default Re: No Proof of Insurance Citation on Issued Private Property

    In this state means anywhere. Highway is defined thusly:

    (11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;


    Matters not where you were CITED. It matters where you operated/drove the vehicle.

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