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  1. #1
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    Default Red Light Camera Ticket in Lynnwood, Washington

    My question involves a traffic ticket from the state of: Washington

    Yesterday I received a red light camera infraction in the mail from the city of Lynnwood, WA. This was for failure to stop at a red light when making a right turn.

    I see from reading the following forum topics, if I submit a Declaration of Non-Responsibility and not name the driver, it will be rejected. I was planning to fill out the Declaration, not name the driver, and write the following statement quoting the RCW and LMC codes highlighting the word "only". Is this a proper way to write a statement?



    Quoting RCW 46.63.075
    (2) This presumption may be overcome ONLY if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.
    Quoting LMC 11.18.030 Prima facie presumption.
    A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a stoplight violation, railroad crossing violation and/or school speed zone violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
    B. This presumption may be overcome ONLY if the registered owner, under oath, states in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. (Ord. 2789 1, 2009; Ord. 2642 1, 2006)
    Dear Sir/Madam,
    As you can see from the highlighted portion above, the law provides that the written statement or oral testimony, made under oath, is the ONLY means to overcome the presumption. The word "only" in statutory construction PRECLUDES any and all other alternatives. In this case, it precludes ANY OTHER means of overcoming the presumption. In fact, according to the law, no other proof SHOULD even BE acceptable. Nor any combinations of other proofs.

    In fact, to even ASK for other proof is to totally ignore the word "only" in the statute, the use of which makes it clear that the legislature's intention was to limit the ways the presumption could be overcome to just one.

    Based on the RCW and LMC, I am required to submit a written statement, so please accept this as my statement.

    I, ADH, the registered owner of ABC-123, make the following statement:
    On the 32nd of August 2011 at about 0123am, I state that the vehicle involved was, at the time, in the care, custody or control of some person other than the registered owner.

    Sincerely,
    AdHawk



    For reference.
    http://www.expertlaw.com/forums/showthread.php?t=52696

    http://www.expertlaw.com/forums/show...301#post360301

  2. #2
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    Your written statement may not be sufficient, in that it is NOT "under oath". You MUST add the language found in RCW 9A.72.085. It then becomes an "unsworn statement". Just add the following above your signature:

    Quote Quoting RCW 9A.72.085
    I certify (or declare) under penalty of perjury under the laws of the
    State of Washington that the foregoing is true and correct:
    ______________ _________________________________
    (Date and Place) (Signature)
    Barry

  3. #3
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    I found this from another post

    http://www.expertlaw.com/forums/showthread.php?t=105155
    Re: Camera Ticket for Right Turn on Red Light in Lynnwood, Washington
    I finally had my court day last week. The prosecutor was present and my first motion that the notice was not mailed to me within 14 days got dismissed because they sent it to my old address. The second motion that the case was not filed within 5 business days from infraction got granted which resulted in dismissal. One thing I didn't know is that the dismissal can be granted if you say under the oath that you were not driving the car at the time of infraction and you do not know who was driving the vehicle.

    11.18.020 Notice of infraction.
    A. Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.
    When they say dismissed, does that mean the ticket was dismissed? My infraction occurred on 7-9, I moved and updated my license address on 7-15, they issued it 7-19, mailed it to my old address so I never received it within the 14 days. My new drivers license shows the issued date on the 15th, so I can prove that it was mailed to the wrong address and not received within 14 days.

    The second motion, since mine occurred on the 9th and they issued it on the 19th, does that count or will I have to file for discovery to find out when they filed it? Have you heard of that law/code/provision that states that 5 day limit?

    Also, how do you file a motion? Do you do that before or on your day of court?

    Thanks for your time,
    A.

  4. #4
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    Can anyone chime in on my questions above?

  5. #5
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    Thank you Barry!


    Upon carefully reading the docs they sent me, you are right. By not filling out their Declaration is the key. If you read the wording of their Declaration, you are submitting yourself to the part:
    "in the care, custody or control of another person who is listed below:".

    By not filling it out makes your declaration incomplete.
    "Please fill it out completely. If you fail to fill it out completely, you will be notified that the Notice of Infraction will remain in your name".

    They also try to trick you into selecting a hearing by stating:
    "If you do not wish to identify the driver, you should request a hearing and not fill out a Declaration of Non-Responsibility".

    You will lose unless you can prove you were not driving.


    So what I've done was type out my own Declaration of Non-responsibility. Stripped out their verbage about identifying and typed out pretty much what you typed and added:

    "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct."
    _________________ ________________________
    (Date and Place) (Signature)



  6. #6
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    Good job! Congratulations!

    Thanks for letting us know and for providing others with a "solution".

    Barry

  7. #7
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    .


    Rewritten Declaration of Non-Responsibility(Redacted).
    Do not use theirs.




    __________________________________________________ ___________________________________.



    City's Declaration of Non-Responsibility



  8. #8
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    I don't mean to be picky, but your statement has a minor problem. You sign it "under penalty of perjury", yet you state in the paragraph above that that you, "do state under oath...." The problem is that you were NOT "under oath". You can only be "under oath" if you have been "sworn", which I doubt you were. So, theoretically, you committed perjury when you declared "under penalty of perjury" that your statement was made "under oath" when it was not. See what I mean? My suggestion would be to change that to: "I, ____________, the registered owner ... do DECLARE that the vehicle was in the care ...."

    As I said -- it's being picky. And I really want to thank you for sharing that with us. I'm sure it will help many others.

    Barry

  9. #9
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    Edited for posterity

  10. #10
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    Default Re: Red Light Camera Ticket in Lynnwood, Washington

    What happened to the Rewritten Declaration of Non-Responsibility? Is there any chance it can be shared again? Or perhaps PM it to me?

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