Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 27
  1. #1
    Join Date
    Oct 2012
    Posts
    12

    Default Stop and Go Ticket

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

    Fail to stop at stop sign.

    I got a ticket for failure to stop at sign. The officer states that i slowed down to 10 MPH but did not bring the vehicle to complete halt. I believe I did.

    I submitted the discovery request and have gotten the response from prosecutors office.

    http://1drv.ms/LZcS6m
    http://1drv.ms/LZcIfg
    http://1drv.ms/LZcNiQ

    - I dont see the officer stating his location while observing my vehicle in the testimony. Would that be credible argument for dismissal? Any tips on how to state this?
    - How do I know when did the officer file the ticket with Court. Doesnt seem to be mentioned anywhere
    - Any other defenses i am missing?


    Thanks!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Stop and Go Ticket

    Nope. He was clear in his observation what you did not do.

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Stop and Go Ticket

    ^Failure. Can we get some responses here of people that actually know what they're talking about?! Good lord.

    He doesn't state where he was when he made this observation. Without that you're left unable to understand what his vantage point was. Depending on the judge, this may or may not work. In Kirkland, I would say your likelihood of dismissal is low unless you've got something else.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Stop and Go Ticket

    Quote Quoting BrendanjKeegan
    View Post
    In Kirkland, I would say your likelihood of dismissal is low unless you've got something else.
    Maybe, but I've seen this work both in South King County and Kent Municipal. A lot will depend upon how it's presented.

    Barry
    Where am I going? And why am I in this handbasket?

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Stop and Go Ticket

    The fact it is not mentioned is not a credible argument for dismissal. It is a credible reason to question the officer and attempt to discredit his testimony.

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Stop and Go Ticket

    Dude! or Dudette! Stop! There is NO OFFICER to question! You might be a wizard when it comes to Ohio law, but you don't know ANYTHING about WA law or WA courts! QUIT POSTING CRAP that does NOT APPLY!

    Barry
    Where am I going? And why am I in this handbasket?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Stop and Go Ticket

    So wise wizard, how does an absence of location create credible argument for dismissal if the officer is clear in his statement what he viewed and further swore to it under oath. His option is to subpoena the officer and question him in an attempt to discredit his sworn testimony. The location for which will not be contradicted by his sworn statement and will instead be supplemented by it. I refer you to the following IRLJ's. Apparently, that pesky officer you referred to can appear if subpoenaed by OP to challenge his sworn statement. Having Crow for dinner? I also notice the officer did not mention he passed the police academy, had a recent vision test or cleaned the windows on his cruiser that morning. OP should also use these as grounds for dismissal also in your estimation?

    (c) Rules of Evidence. The Rules of Evidence and statutes
    that relate to evidence in infraction cases shall apply to
    contested hearings. The court may consider the notice of
    infraction and any other written report made under oath submitted
    by the officer who issued the notice or whose written statement
    was the basis for the issuance of the notice in lieu of the
    officer's personal appearance at the hearing, unless the
    defendant has caused the officer to be served with a subpoena to
    appear in accordance with instructions from the court issued
    pursuant to rule 2.6(a)(2).

    (d) Factual Determination. The court shall determine whether
    the plaintiff has proved by a preponderance of the evidence that
    the defendant committed the infraction. If the court finds the
    infraction was committed, it shall enter an appropriate order on
    its records. If the court finds the infraction was not committed,
    it shall enter an order dismissing the case.

    Quote Quoting blewis
    View Post
    Dude! or Dudette! Stop! There is NO OFFICER to question! You might be a wizard when it comes to Ohio law, but you don't know ANYTHING about WA law or WA courts! QUIT POSTING CRAP that does NOT APPLY!

    Barry

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Stop and Go Ticket

    Crow? What are you talking about? You IDIOT! The LAST thing you want to do is subpoena the officer and give him a chance to "fix" the testimony that's missing from his sworn statement. Great idea! Instant lose! NEVER subpoena the officer, except under very specific circumstances -- and THIS ain't one of 'em. You know ABSOLUTELY NOTHING about WA law!!! Except, of course, what you've learned from guys like Brendan, Speedy and me. So, go do your trolling on other threads and leave WA to those who, at least, have SOME knowledge.

    I'm done with you.

    Barry
    Where am I going? And why am I in this handbasket?

  9. #9
    Join Date
    Mar 2013
    Posts
    1,250

    Default Re: Stop and Go Ticket

    Forgive me for jumping in the middle of this but I have to ask the same question as Disagreeable. Is there something unique about Washington law that requires the officer to list their vantage point or location in the narrative report? In my state, traffic narratives usually start out, “While on routine patrol I observed…..” and need mention nothing about the officer’s location or vantage point unless there is something unique to the situation that warrants it.

  10. #10
    Join Date
    Oct 2012
    Posts
    12

    Default Re: Stop and Go Ticket

    Quote Quoting blewis
    View Post
    Maybe, but I've seen this work both in South King County and Kent Municipal. A lot will depend upon how it's presented.

    Barry
    Any suggestion on how it needs to presented?

    One more thing to note is this was on December 26th day after christmas, I perfectly recall that visibility was low. The officer states that the conditions were normal though.. Any suggestions on how this can be further approached (Get data from almanac etc?)

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Lights, Signs and Traffic Controls: Failure to Stop at a Stop Sign Ticket, CVC 22450a
    By Continental in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-25-2012, 02:52 PM
  2. Lights, Signs and Traffic Controls: Failure to Stop at Stop Sign, Officer Error on Ticket
    By extrab in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-14-2012, 07:17 AM
  3. Lights, Signs and Traffic Controls: Ticket for Suppoused Failure to Stop at Stop Sign; to Fight or Request Deferral
    By torinoway in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-25-2009, 08:05 AM
  4. Lights, Signs and Traffic Controls: Ticket for Failure to Stop at Stop Sign, from MRCA on private property in California
    By jonsyrose in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-19-2007, 07:54 AM
  5. Lights, Signs and Traffic Controls: Ticket for Failure to Stop at a Stop Sign in California
    By mikectm2 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 07-05-2007, 11:13 AM
 
 
Sponsored Links

Legal Help, Information and Resources