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  1. #1
    Join Date
    Sep 2017
    Posts
    3

    Default What to Do if You Get a Ticket Within Another Ticket's Deferral Period

    My question involves a traffic ticket from the state of: Washington
    On March 13th, 2017 I was pulled over in Pierce County for speeding. On March 30th, 2017 I got a deferral for that ticket. On August 28th I was in a car accident in King County and received a ticket (mailed to me on September 5th, 2017, due date September 26th, 2017). I have a few questions on some things that I can't find answers to anywhere.
    1. I had a 6-month deferral in Pierce County, is there any way that somehow my first ticket won't be brought up again? Is there any way out of this situation? (I'm just curious, please do not take this as an opportunity to take shots at me)
    2. When I got my deferral, I had to pay at the courthouse. Do I have to pay again since I received another ticket?
    3. I do not have my original ticket from March. If I have to pay how would I go about finding my citation number to pay? Will they mail it to my address? Does anyone know how long it will/potentially take to find out?
    4. I know this is just me grasping at straws but since my due date is after my deferral ends, does that count for anything? Or is that just irrelevant?

    I know it's all my fault both times, but a little bit of help would be nice to just clarify what I am confused on.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What to Do if You Get a Ticket Within Another Ticket's Deferral Period

    I'm guessing that when you requested deferral you agreed to something like this:

    I hereby certify and agree as follows: I am the person named above. I agree that I have committed the infraction(s) listed on citation number shown above. I ask the Court to defer entry of a finding that I committed the infraction(s). I have not had another traffic infraction deferred by any court within the past seven (7) years. If my infraction is for the charge of Operating a Motor Vehicle without Liability Insurance, I have shown the Court proof that I am now insured. I agree to the following conditions of my deferral: (1) I agree to pay the required Court Administrative Fee; (2) The Court will dismiss my infraction(s) six months from the date shown below if I pay the Administrative Fee and if I do not commit a new traffic infraction at any location during this six month period; (3) If I fail to pay the Administrative Fee within 90 days of the Court’s granting my deferral, or if I commit a new traffic infraction, the Court will, without further notice to me or hearing, enter a finding that I have committed the infraction(s) listed on the citation number shown above and will report the finding to the Washington State Department of Licensing (DOL), and if I have failed to pay the required Court Administrative Fee within 90 days, the Court will assess a $52.00 penalty and notify DOL to begin processing my driver’s license for suspension.
    I think that answers your questions.

    I found that wording on the form for Thurston County. I imagine that it's similar to whatever you signed for your county.

    http://www.co.thurston.wa.us/distcrt...infraction.pdf

    You can go to your courthouse and look up your case file for your own case documents.

  3. #3
    Join Date
    Feb 2010
    Posts
    152

    Default Re: What to Do if You Get a Ticket Within Another Ticket's Deferral Period

    You should also consider contesting the ticket from the accident. Depending on the circumstances, the prosecution may not have sufficient evidence to convict you, especially since the officer did not witness the accident. And its unlikely that they will subpoena witnesses of that accident.

  4. #4
    Join Date
    Sep 2017
    Posts
    3

    Default Re: What to Do if You Get a Ticket Within Another Ticket's Deferral Period

    Thank you both for replying.

    On my second question I asked how to pay, did I already pay when I paid the court fee? Or do I have to pay again?

    And on a different thread asking whether or not I had any other options, adjusterjack told me that I was hopeless trying to contest this ticket and I shouldn't bother trying even with a lawyer/attorney. I guess they believe that the circumstances I wrote was suffecient evidence.

    I have one last question, if I take a shot in the dark and try to contest this ticket and lose, my situation does not worsen right? Or is it not worth it to even contest?

  5. #5
    Join Date
    Nov 2009
    Posts
    886

    Default Re: What to Do if You Get a Ticket Within Another Ticket's Deferral Period

    Per RCW 46.63.070 (5)(a) “If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.

    Actually, I don’t think your new ticket has any effect on your deferred finding as long as you get the due date postponed, and you do that by requesting a contested hearing. There is no downside and all options are preserved. Personally I would send ANY ticket back with the “contested” box checked. You can always opt to just pay the ticket any time before your hearing and if you do, no finding of “committed” will be entered until sometime in October at the earliest, and there will be zero effect on your previous deferral assuming the deferral period is 6 months.

    Also as prusakolep mentioned, you could have a shot at beating your current ticket if no witnesses are present at your hearing, and for information about that you need to contest and request discovery.

    If you have not already done so, be sure to read the sticky thread Procedural Guide to Traffic Tickets in Washington State which contains a link to a discovery template. If you want help reviewing discovery, upload digital photos or scans (with your personal id and citation number redacted) to any free image hosting site and link them here in your thread.

  6. #6
    Join Date
    Feb 2010
    Posts
    152

    Default Re: What to Do if You Get a Ticket Within Another Ticket's Deferral Period

    I didn't know the circumstances of the accident until you pointed to the other thread. On one hand adjusterjack is correct that the fact you rear ended someone is by itself strong evidence that you committed an infraction. But on the other hand you may be able to successfully argue that it is not the infraction you were charged with. Or have the prosecution offer you a deal to amend it to inattentive driving that does not go on your record and would not be in violation of your deferral (I think, not sure about that). Personally I would give it a shot to contest the ticket, even without a lawyer. The dismissal rate in Washington traffic cases is high enough that in my opinion is it's worth a try. There is no downside to contesting it, other than taking the time to deal with the paperwork to request discovery, and the time to go to court.

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