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  1. #1
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    Aug 2016
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    Default Failure to Obey Police Officers, Flaggers, or Firefighters Ticket, VC 46.61.015(1)

    My question involves criminal law for the state of: Washington

    I feel like I have a defense for this violation but I don't know anything about the court system since I've never been to court and this is my first offense (I'm not sure that is the right term).

    I was driving to work and the intersection I turn onto was under construction. It looked like they were repaving the road. Because of this they had the left turn lane closed, but it was still possible to turn left from the center lane. It is one of those intersections that has a sign saying to yield to oncoming traffic when there is a green light. There was a car in front of me doing the same thing I wanted to do, turn left onto the road that leads to the state route. They turned, I scanned for oncoming traffic and looked to see where I was allowed to turn since the road I was turning onto was being modified. I saw cones and signs pointing to where I needed to turn. I followed the car in front of me because it was clear. There was a flagger on the right of me holding a "slow" sign and a little bit in front of me was another flagger on the left with a slow sign. I stopped again to turn onto the state route to make sure it was clear and to see where the construction was directing me to go because the road was being worked on.
    That's when I noticed the police lights in my rear view mirror. I pulled off to the side of the road.
    I have never been pulled over before. I have never gotten a ticket before. The police officer approached me and told me I was being recorded because I was a criminal. She then told me that I had "blew through a stop sign" and asked me why. I said "I only saw slow signs." She repeated that back to me and then took my information. She came back with a ticket that says criminal on it and listed my violation "failure to comply with officer/flagger/fireman." She explained how dangerous it is to ignore the stop signs in a construction zone which I told her I understood. At this point I was in tears because I had never been pulled over and she kept calling me a criminal, which this apparently is a criminal charge.
    I have never been to court and have no idea what to do or say. I don't want to say I'm guilty because I never saw a stop sign, even if there was a stop sign it must not have been obvious since the car in front of me was able to do drive through as well. Plus there were the other flaggers with slow signs. If they wanted me to stop, why were any of them holding slow signs? It doesn't make sense to me. But since the construction was finished that day I have no pictures. Should I take pictures of the intersection and bring them to court? I'm not sure what good pictures would do though because the slow signs are held by people and can change during the day.

    Any advice would help, thank you.

  2. #2
    Join Date
    Jun 2016
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    141

    Default Re: Failure to Obey Police Officers, Flaggers, or Firefighters Ticket, VC 46.61.015(1

    Did the officer say that you blew through a red stop sign that is planted into the ground and that is stationary? If yes, then that stop sign should still be there, and you should take a picture of it. But, if the stop sign is there, then that may mean that you are guilty of the offense.

    Or did the officer say that you blew through a portable stop sign held by a flagger? If yes, then you can have your attorney subpoena the flaggers who were working that day and force them to testify as to which signs they were holding up. If they can't remember, then you may win your case.

  3. #3
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    Nov 2013
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    Default Re: Failure to Obey Police Officers, Flaggers, or Firefighters Ticket, VC 46.61.015(1

    Quote Quoting TechWorker
    View Post
    Did the officer say that you blew through a red stop sign that is planted into the ground and that is stationary? If yes, then that stop sign should still be there, and you should take a picture of it. But, if the stop sign is there, then that may mean that you are guilty of the offense.

    Or did the officer say that you blew through a portable stop sign held by a flagger? If yes, then you can have your attorney subpoena the flaggers who were working that day and force them to testify as to which signs they were holding up. If they can't remember, then you may win your case.
    The Police Officer will be there in court, too, Tech Worker. Ever consider that?

    OP, there are people here who are good with Washington State traffic violations. Hang around and also use the search function which is very useful.

  4. #4
    Join Date
    Aug 2016
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    Default Re: Failure to Obey Police Officers, Flaggers, or Firefighters Ticket, VC 46.61.015(1

    She said a flagger was holding it, like I said I never saw a flagger with a stop sign, only slow signs. I am going to plead not guilty and then get an attorney if they set another court date. I hope I can get the charges reduced to a regular traffic violation and not a criminal one.

  5. #5
    Join Date
    Jun 2016
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    Default Re: Failure to Obey Police Officers, Flaggers, or Firefighters Ticket, VC 46.61.015(1

    Quote Quoting Madkazer
    View Post
    She said a flagger was holding it, like I said I never saw a flagger with a stop sign, only slow signs. I am going to plead not guilty and then get an attorney if they set another court date. I hope I can get the charges reduced to a regular traffic violation and not a criminal one.
    Go to any nearby businesses or residences, and ask whether any of them have surveillance cameras that were operating at the time of your incident. Or, perhaps the city itself has surveillance cameras that were operating.

    Quote Quoting geek
    View Post
    The Police Officer will be there in court, too, Tech Worker. Ever consider that?
    Yes, of course. But, if the testimony of the flaggers contradicts that of the officer, then the OP has a good chance of being acquitted.

  6. #6
    Join Date
    Aug 2016
    Posts
    3

    Default Re: Failure to Obey Police Officers, Flaggers, or Firefighters Ticket, VC 46.61.015(1

    Thank you, I will see if any of the businesses had cameras that were able to catch that spot.

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