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  1. #1
    Join Date
    Aug 2006
    Posts
    7

    Default First Speeding Ticket in Seattle

    I thank you in advance for you help.

    Last saturday I was stopped for speeding on the Lake City high way. When I told her that I was following another car to which the officer told me that I was travelling at 51 mph and others were travelling at 48 mph (on the 35 mph limit road). She gave me a ticket for driving at 40+ on 35 mph road. Please tell me whether going for a mitigation hearing will be benifitial or not. This is my first ticket. Also my ticket doesnt say anywhere that I was driving at 51 mph.

    Thanks again for you advice.

  2. #2

    Default Re: first speeding ticket in Seattle

    This is a minor ticket and you are probably just as well off to pay as to show for court. However, if you do show they may reduce it even further. I think you have to request a mitigation hearing.

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: First speeding ticket in Seattle

    Lwpat is correct. You have three choices, actually. Option 1 is you can pay the ticket and get on with your life. However, you'll be paying the full amount of the fine and it will go on your record which may affect your insurance rates, depending on your age and record.

    Option 2 is to request a mitigation hearing. At that point you will have two choices: accept a deferred finding or explain the circumstances. If you accept the deferral, you will have to pay ~$100. However, if you don't get any tickets for six months to a year (depending on your driving record and the judge), everything goes away -- nothing appears on your record. Just 100 bucks out of pocket. The bad news is that you can only get one deferral every seven years.

    If you elect to explain the circumstances (and don't say you were just following other cars), judges almost always cut the fine in half, or reduce it even more. It means less money, however, it still goes on your record as "committed".

    Oh yeah, the officer may have written the "51" on the back of the ticket, which you can only get if you request discovery as part of a "contested" hearing. That's option 3. The nice part of option 3 is that you can always convert a "contested" hearing into a "mitigation" hearing -- even on the day of the hearing. Just tell the judge you'd like to do that.

    So, my recommendation (for almost any speeding infraction) is to request a "contested" hearing, obtain the discovery information, and get your hearing date (most likely a pre-hearing conference, which will be followed by the hearing itself at a later date). Remember that in WA, unless you subpoena the officer, they probably won't show up at the hearing. Then, the only evidence against you is the citation itself. When you get your copy, evaluate what's written on it. If it doesn't include information like where the officer was when she observed you, whether she used an SMD, etc., you might be able to beat the ticket entirely. No fine, nothing on your record, and no insurance increases -- the best of all possible outcomes.

    And keep in mind that even if you request a contested hearing, you can always change your mind and go for mitigation or deferral later.

    Good luck,
    Barry

  4. #4
    Join Date
    Jan 2008
    Posts
    2

    Default Re: First speeding ticket in Seattle

    I would like to share my experience. I should have follow blewis, I think it is very good advice. I would like to add that you should check with your insurance company how much the premium would be increased if the ticket is in your record.

    I did contested the ticket, but unfortunately I attended the pre-hearing which I think is not worth the time. At pre-hearing, the magistrate asked me if I still want to contest the ticket by scheduling a trial or decide to plea guilty and not going to trial. The atmosphere there is pretty intimidating for me who has never experience this situation. I ended up plea guilty and took the deferral (once every 7 years). The magistrate doesn't seems to want to hear my story, he even ask if my speedometer meter was recently checked. The whole process only took 10 mins. I tried to ask him how much he will reduce the fine. When I do that he not only didn't tell but asked me if I want to go to trial instead. At that time, I didn't really feel like going to trial at all.

    If it's the first time you get a speeding ticket, you should really do what blewis suggested. I think even if you lose the trial you can still get lower fine or take deferral at the end. I would imagine that the judge might have more authority in lowering the fine than the magistrate I think it can be a very good experience to be on minor trial like this.

    I have some questions about this.

    If we waive the pre-hearing, how can we request for subpoena and discovery? I would guess that the next court document will give you that option and we have a few weeks to answer right?

    Do we have to pay for the court fee if we decide to go on trial? I heard that some states charge the court fee, so even if they lower the fine you still have to pay quite a lot of money for the court fee.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: First speeding ticket in Seattle

    If you have questions, start your own thread. Thanks.

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