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  1. #1
    Join Date
    Nov 2007
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    2

    Default Washington State Ticket Deferral

    I was caught speeding in Washington State. I am actually embarrassed but admit that I am guilty. Unfortunately, it was a school zone violation and I am not inclined to fight this however, my dad told me something about a WA state deferral. Which means that I would pay the fine and not get another violation and it wouldn't be reported to the DMV. Is this right? I received my first speeding ticket about 10 years ago in CA and went to traffic school to prevent it from getting reported. My second (also in CA) about 5-6 years ago and again, I went right back to traffic school to prevent it from getting reported. Now, I have this ticket. Will my other two tickets prevent me from getting a deferral on this one? Are school zone violations eligible for deferral at all? What should I do if I want to ask for a deferral? Any Advice? (other then to pay attention and slow down? I'm learning that one the hard way) Oh, and will the courts allow me to make payments if I can't affort the whole fine up front?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Washington State Ticket Deferral

    Quote Quoting CCMWALLING
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    I was caught speeding in Washington State. I am actually embarrassed but admit that I am guilty. Unfortunately, it was a school zone violation and I am not inclined to fight this however, my dad told me something about a WA state deferral. Which means that I would pay the fine and not get another violation and it wouldn't be reported to the DMV. Is this right? I received my first speeding ticket about 10 years ago in CA and went to traffic school to prevent it from getting reported. My second (also in CA) about 5-6 years ago and again, I went right back to traffic school to prevent it from getting reported. Now, I have this ticket.
    First, let me say that I have no sympathy for someone speeding in a school zone. As the father of five, I think "jail" is a suitable punishment. But, to your credit, at least you've accepted responsibility for your actions -- something young people in this day and age are reticent to do. Now that said, let me try to answer your questions.
    Quote Quoting CCMWALLING
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    Will my other two tickets prevent me from getting a deferral on this one?
    Probably not. Since they weren't reported on you CA record, they won't have transferred to WA.
    Quote Quoting CCMWALLING
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    Are school zone violations eligible for deferral at all?
    Good question! According to RCW 46.61.440
    (3) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
    However, you're not asking for any of those. You are asking the court to "defer findings" for some period of time up to a year pursuant to RCW 46.63.070(5). At the end of the deferral period, if you haven't had any other violations, the court will dismiss the infraction. I don't think that's the same as "waived, reduced, or suspended", but I could be wrong. Maybe Aaron can give us an opinion on that.
    Quote Quoting CCMWALLING
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    What should I do if I want to ask for a deferral? Any Advice? (other then to pay attention and slow down? I'm learning that one the hard way) Oh, and will the courts allow me to make payments if I can't affort the whole fine up front?
    Call the clerk of the court and ask if you can get a deferral over the phone. Some jurisdictions allow that. Otherwise, you will have to request a mitigation hearing or a contested hearing. At one of those hearings (or a pre-hearing conference, if they have one), you should request the deferral.

    Good luck,
    Barry

  3. #3
    Join Date
    Nov 2007
    Posts
    2

    Default Re: Washington State Ticket Deferral

    Thank you, Barry for your response. I truly didn't realize that I was in a school zone to begin with, but because the sign posts specific hours to be aware of, I should have paid closer attention. I appreciate the information that you have provided and I look forward to hearing from Aaron regarding the clarification you suggested.

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