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  1. #1
    Join Date
    Jan 2008
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    7

    Default Wrong Date On Ticket, Corrected On Discovery

    My question involves a speeding ticket from the State of: Washington

    This is regarding the following thread to which I really need a follow-up answer:
    http://www.expertlaw.com/forums/showthread.php?t=48375

    I was given a ticket with the wrong date marked on it by the officer. Per advice on this site, I filed as Contested and requested the Discovery. (I have copies of the original, uncorrected ticket. But the officer corrected BOTH instances of the date on his copy of the ticket, before filing it.)

    Do I have any chance of beating this ticket? If not, am I screwed because I filed as contested? I could have asked for a deferral and am sad that I might not get a deferral since I filed as contested. My court date is June 17. Is there any advantage left of going in person? If there's no hope for it, I'd rather write a letter instead of wasting my time in court.

    Help!!!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    Do I have any chance of beating this ticket?
    Maybe, maybe not. No one here can predict your outcome.

    You admit in your other post that you were, in fact, speeding. You may well have to just own up to it and take your lumps.

  3. #3
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    Yes, I plan to just own up to it. I just sure wish I hadn't taken Barry's advice on this site and filed as contested! I could have gotten a deferral; probably won't be granted one now. anyone reading my case in the future: do not file as contested because of a wrong date. The file clerk probably checks them when the officer files his discovery. Don't be sucked into this amateur advice like I was.

  4. #4

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    Why weren't you granted a deferral? What was the court's reason?

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    The ONLY reason you might not get a deferral is because of your statement in your original post
    I only might be eligible for a deferral - I've had one a few years ago, but it was apparently not recorded at the WA DOL.
    I asked you then how you knew that, but you NEVER responded.

    Whether you request "contested" or "mitigation" has NOTHING to do with it. The only way you cannot request a deferral is to plead guilty and pay the fine! You can ALWAYS tell the judge at your contested hearing that you wish to change your plea from "not guilty" to "guilt with an explanation" and try to mitigate. Either way, you can ALWAYS request a deferral. If you're otherwise eligible, you will probably get it. But, if, as you said, you had one a few years ago, you will NOT be eligible!

    Ah, forget it. I don't know why I waste my time.

    Barry

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    Oh, and you said in the original thread:
    When I received the copy of the discovery in the mail, I looked at it and discovered the police officer corrected one of the two dates on the ticket.
    That being the case, I thought you STILL had a shot at contesting it -- so I didn't change my original advice. But now you're saying:
    But the officer corrected BOTH instances of the date on his copy of the ticket
    Perhaps you should get your own facts straight BEFORE asking for advice.

    Barry

  7. #7

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    I love it when they don't give all the information and then complain about the free advice. I say give him a refund.

  8. #8
    Join Date
    Jan 2008
    Posts
    7

    Default Re: Wrong Date On Ticket, Corrected On Discovery

    You're right, Barry, initially I thought the officer had corrected only one of the two dates on the ticket. Chalk it up to my stress in dealing with this situation.

    I'm glad for the news that I might still be eligible for a deferral. I didn't respond to your question about the deferral as it seemed irrelevant to the rest of my information. I was granted a referral 3 or 4 years ago in a different washington state county, but that county apparently forgot to record the deferral on my record, because when I mitigated the ticket I received in February in Snohomish county (yes, a few months ago, I accidentally went a few miles over speed limit in small town in middle of nowhere, and yes, I have slowed down), that court offered me a deferral. I did not take it because I'd already received this current ticket.

    I have a friend in law school who works for a prosecuting attorney's office in Yakima County whom I just talked to about my case, and he said that every week in traffic court at least one person tries to get out of their ticket because of a wrong date on the ticket. He said the individuals never get out of their tickets and the argument is ludicrous to the judge.

    Also, for anyone else reading this and looking for some advice, my friend also said that anywhere in washington except king county, you can call the DA's office and track down the prosecutor who has your case, and ask them if they can help you change your ticket to something that doesn't impact insurance rates (non-moving violation, etc). He said any county except King would usually mitigate a reasonable speeding ticket to community service, traffic school, etc. If anyone else is worried about insurance rates as I was, you could try this option.

    Barry, thanks for the advice anyway. Sorry for my misinformation of the dates on ticket due to my own stress.

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