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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default Can You Avoid Points From a Ticket You Got When Moving Out of State

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

    I do not want to go into too much detail, but I was moving out of the state of WA and got a speeding ticket on the way out.
    I informed the officer that I was moving out of state, he looked in my car and saw all my stuff, and he reduced the ticket to "Speeding 5 mph over limit (over 40)"
    I was going much much faster, but don't want to divulge detail of how much and where as it may identify me.

    I need advice on how best to proceed. I need to respond to the citation by Friday (I have 3 days, counting today)

    From what I researched so far, my goal is to buy time so I can look into taking advantage of state to state and insurance reciprocity as I no longer live in WA.
    I have not applied for a driver's license, insurance, or registration in my new state yet.
    I am not sure how good (or not good) states are at reporting citations to other states, but if I can take advantage of such a situation to avoid this going on my driving/insurance record I would like to do so.

    A simple process I thought of (although probably not advisable or correct):
    1. Apply for license in new state immediately
    2. Pay ticket (admission of guilt), as I have no way of going into court since I moved
    3. Get insurance in new state and register vehicle ASAP after 1 and 2.


    Since I only have 3 days, I have a few questions. Please bear with me as this is the first time I have done this before:
    1. If I contest the citation (to buy myself time to figure out what would be best solution in terms of cost/hassle), should I ask for discovery materials at the same time? I know for sure that I was lasered
    2. If through discovery, I find good reason for dismissal of the ticket, do I have to show up in court still to do get the ticket dismissed? Since I am now out of state, that would make an in person appearance impossible.
    3. If discovery shows that i won't have much/any grounds to contest the ticket, will I have the option to just pay the ticket (admission of guilt) after filing for a contest? Will I have to pay extra fees since I decided to contest first?
    4. If I can take advantage of state to state and insurance reciprocity, what would be the best way to do so and step by step process. Since I have only 3 days to file a response, I would need to know which option to choose (pay ticket, mitigation, contest) to buy myself time and correctly explore this opportunity.


    My main goal is to avoid having this show up on my driving record and insurance in my new state so I don't pay any long term penalty. I do not mind paying the ticket up front to the state of WA if it means the easiest and best solution without any long term consequences.

    Thanks in advance for your help!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Moved Out of State. Got a Ticket on Way Out. What Now

    I will leave the bigger details for out Washington experts to discuss and clarify bu tI will make a general comment regarding these two matters:

    Quote Quoting SolBanks
    View Post
    my goal is to buy time so I can look into taking advantage of state to state and insurance reciprocity as I no longer live in WA.
    I think you will have zero control over what gets reported and what doesn't.. And if Washington is going to abstract a conviction to another state (and they are obligated to by the terms of the DLC - See RCW 46.21.020 "Licensing authority" defined -- Duty to furnish information. , the are just as likely to do so three months from now as they are likely to do so a year from now.

    You should read;

    RCW 46.21.010 Driver's License Compact enacted — Provisions.

    As well as the few RCW sections under Chapter 46.23 RCW - Nonresident violator compact

    Of course, you would want to check the List Of Member States which participate in the DLC and NRVC (Washington is listed on both).


    Quote Quoting SolBanks
    View Post
    I have not applied for a driver's license, insurance, or registration in my new state yet.
    Your new state obviously has specific periods during which you must obtain that state's license, register your vehicle there, and especially update your insurance info (potentially, an insurer can deny a claim if you failed to update your policy information)... So why risk getting cited for insurance and/or registration cviolations as well as potential issues with your isurer when in fact you couldn't change much of the reporting process?

    Good luck!

  3. #3
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Moved Out of State. Got a Ticket on Way Out. What Now

    Quote Quoting That Guy
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    You should read;

    RCW 46.21.010 Driver's License Compact enacted — Provisions.

    As well as the few RCW sections under Chapter 46.23 RCW - Nonresident violator compact

    Of course, you would want to check the List Of Member States which participate in the DLC and NRVC (Washington is listed on both).
    Let me clarify some assumptions I have made:
    1) Since I got the ticket while moving out of my home state, I was cited as a resident of WA state (and I still technically am). Are you saying no matter what, once I register/reside in another state, reciprocity will kick in after the fact?

    2) I am giving the government/infrastructure no credit here. I am assuming they are slow, inefficient, etc. In my current state, they will just punch a hole through my current license when I apply for a new one. If I apply for a new license here, and then pay the ticket soon after, my hope would be that somewhere in the middle, WA does not report since when I pay the ticket off, I will still be a resident of WA (I am assuming business lag time basically). I would also register and get new insurance with the same thought process.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Moved Out of State. Got a Ticket on Way Out. What Now

    Quote Quoting SolBanks
    View Post
    Let me clarify some assumptions I have made:
    1) Since I got the ticket while moving out of my home state, I was cited as a resident of WA state (and I still technically am).
    The recording of a conviction and any associated violation points that are assessed to your driving record is not going to change because you were in the process of moving out.

    If you plead guilty, no contest or are found guilty of this citation, your Washington state record will reflect a record of one speeding conviction. if/when you obtain a license in another state, that licensing authority in that state becomes aware that you had a WA driver;'s license and by the terms of either the DLC, the NRVC or both, WA is obligated to report any convictions that are on your WA driving record. That state (call it XY) will take that information and lok for a similar violation under its laws, and your driving records in XY will then reflect a speeding conviction from the state of WA which is equal to XY's abc-fgh-mno speeding statute.

    This procedure will not change regardless of when/where you were cited and whether you had your belongings packed and ready to go or not. And there is nothing you can do to change it. If WA is going to report the conviction (and they will), then they are going to report the conviction.

    Now, with all that being said, and instead of trying to ccontrol the things you cannot control, you should really read this thread: Procedural Guide to Traffic Tickets in Washington State, follow its directions, come back here to post any additional questions about your particular situation and chances are. it will likely work in your favor in the end.

  5. #5
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Moved Out of State. Got a Ticket on Way Out. What Now

    Just commenting on my decision and make information available for future reference.

    The jurisdiction where I got the ticket is governed by the Benton County District Court in Kennewick, WA.

    They do not make decision on written statements for contested hearings.
    They accept written statements for mitigated hearings and deferrals.

    I responded with a request for deferral and with the understanding that if I am not eligible somehow (I should be) or they do not grant deferral, to have the request default to a mitigation.

    Hope this helps someone in the future. Make sure to contact the court responsible for your infraction as different jurisdictions have different rules when it comes to written statement decisions.

  6. #6
    Join Date
    Sep 2009
    Posts
    107

    Default Re: Moved Out of State. Got a Ticket on Way Out. What Now

    You didn't state where you received the ticket, however it is likely you could contest it by mail. If you do go that route you will give up some options but if there is a huge hole it may work. If you qualify for a deferral you can always defer the ticket since it sounds unlikely you'll be back in Washington within the next year to receive another ticket. That should keep the ticket off your record and you will likely have options in your new state for your next ticket (hopefully you don't get another one).

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