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  1. #1

    Default How to Dispute a Carpool Lane Violation, I-405 in Washington State

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

    A couple things I noticed:
    The WSP Officer signed the statement on 5/31, incident occurred on 5/26. Also noticed he said the tabs expire on 12/28/15 (they dont, luckily). Discovery was sent 7/12, and received 7/15/16. I'm not sure if there's any slam dunk here.

    I've seen threads Blewis has posted on how the Officer doesn't cite which subsection of a law the driver has been cited with, thus making it unreasonably hard to create a defense.

    I wondered about the time issue, as that location is not HOV past 7:30 at night, at the time on the infraction is 7:40. But I believe that is autofilled using 24 hour time. I'd love to find a hole in the Officer's Report as it's boiler plate, but I'm not seeing one!

    Thanks all.






  2. #2
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    Default Re: How to Dispute a Carpool Lane Violation, I-405 in Washington State

    I would go with the time, and proof that the HOV lane was open to all vehicles after 7:30. I don't see anything in the statement that suggests that the officer observed you at an earlier time and, without that, I don't see any evidence from the violation.

    You will of course not want to subpoena the officer.

  3. #3
    Join Date
    Jun 2016
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    Default Re: How to Dispute a Carpool Lane Violation, I-405 in Washington State

    Time of the violation says 7:40 AM, aka in the morning. I think the HOV restriction starts at 5:00 AM, and is most certainly in effect after 7:00AM

  4. #4
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    Default Re: How to Dispute a Carpool Lane Violation, I-405 in Washington State

    You're correct -- the time on the ticket is the morning. The OP should know whether he received the ticket in the morning or in the evening....

  5. #5

    Default Re: How to Dispute a Carpool Lane Violation, I-405 in Washington State

    Mr knowitall kind of has a point. It my be my best shot to say that and hope for the best. I'm writing my contest via mail tonight. It was morning, but I'm going to say "ticked issued at 7:xx and after 7pm hov lane is open.." And see what I get? Lol.

    Never mind. I see there's a footer that says 7:40 AM... I think I'm out of luck

  6. #6
    Join Date
    Nov 2009
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    886

    Default Re: How to Dispute a Carpool Lane Violation, I-405 in Washington State

    There could be a minority of judges who might consider the subsection argument you mentioned, but probably not. RCW 46.61.165 subsection (4) addresses time-of-day restrictions.

    Your main problem is that carpool tickets are moving violations, so I’d be inclined to attend the hearing and ask the prosecutor if it can be amended to something that won’t go on your state record, such as King County 46.20.010 Inattentive Driving.

  7. #7

    Default Re: How to Dispute a Carpool Lane Violation, I-405 in Washington State

    Searcher,

    I'm doin it. I'm going to ask tomorrow. Good call.

    Thanks guys!

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