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  1. #1

    Default Inattentive Driving Ticket for Delay in Pulling Over

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

    Was driving east on a city street. In the westbound lane, there was a cop sitting on a stationary motorcycle with its lights flashing. As i approached, cop pointed finger indicating me to pull over. I did. I saw the cop stopped traffic to let a woman cross the street. He did not get off his bike to help her. It was not an elderly/disabled woman. This was also 200 feet from a traffic light with an actual crosswalk.

    After she crossed, cop swung his motorcycle around to get behind my car. Wrote me ticket for 'inattentive driving.' 9.36.020 under Kent WA law. Note this is different from 'negligent driving.' I asked what i should have done differently. He said i should have pulled over as soon as I saw the flashing lights. What are my chances if i contest?

  2. #2
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    Default Re: Inattentive Driving Ticket for Delay in Pulling Over

    Quote Quoting Kent City Code, Sec. 9.36.020. Inattentive driving.
    A. It is unlawful for any person to operate a motor vehicle in an inattentive manner upon any highway within the city or way open to the public within the city that is maintained primarily for public use and is adjacent to any highway.

    B. For the purpose of this section, inattentive means the operation of a vehicle in a lax or slack manner.

    C. For the purposes of this section, the term highway is defined as set forth in RCW 46.04.197 and the term way open to the public is defined as set forth in WAC 200-200-015(8).

    D. The offense of operating a vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of, negligent driving in the second degree.

    E. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150), plus all mandatory state costs, fees, and assessments.
    The issue here is that you stopped before passing the officer, but that you took too long to stop? With this delay being based upon his being stopped with his lights illuminated, or are we talking about the delay between when he specifically directed you to pull over and when you pulled over?

  3. #3
    Join Date
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    Default Re: Inattentive Driving Ticket for Delay in Pulling Over

    I had something similar happen in Utah if I am understanding you correct, the issue is the old woman crossing and his lights. In my situation, there was a 2 car trooper escort of an oversize load. The second officer was obviously not Rocket Science material. The first officer with his lights flashing simply made hand motions to pull to the right and did not give a hand signal to stop also. The second swung over and pulled me over, yelling that I did not follow the directions of the first. As in your case, the officer was overreacting to a simple oversize load on a very wide road. I suggest you do the same thing I did except I argued my way out of a ticket on the side of the road.

    The officer was reacting in an overzealous manner. Simply plead not guilty, question the officer as to the layout of the situation as it was, then ask him questions putting himself into your position approaching the situation. You need to get him to admit that an officer on the side of the road with lights flashing could simply be an officer who was finishing the scene of a citation having been issued and that as he had not given any verbal or hand signal, nor had he entered the roadway physically to cause an obvious obstruction it would not occur to a normal person that he was engaged in trying to assist an elderly person jaywalk.

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Inattentive Driving Ticket for Delay in Pulling Over

    The good news is that you are charged with a municipal ordinance that will not go on your state driving record regardless of the outcome.

    Disagreeable has some good suggestions but if you contest in Washington State the officer will not be at your hearing unless you subpoena him, which is probably not a good idea. Instead of appearing personally, the officer submits a sworn statement to the court. You can get a copy of that statement via a discovery request and look to see if you can poke some holes in his logic. To me it sounds more like a simple miscommunication rather than inattention.

    For a downloadable discovery form and procedural info, refer to the sticky thread Procedural Guide to Traffic Tickets in Washington State.

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