Is It Worth Trying to Defer My Ticket

[luckyguy]

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

I got a similar ticket in Lynnwood as another postgoing 47 in a 35 mph zone (wrote me for 10 over) - along the service drive between the Alderwood Mall area and I-5. It was probably the same officer/location as him/her.

Officer recommended I apply for a deferral. When I contacted the court clerk she said that she normally would be able to do a deferral over the phone but since I have a speeding ticket on my record already, I would have to go to court and the judge MIGHT give me one. The reason that my situation is unusual is that I have only had my WA license a little over three years (I had a MI license for 10 yrs before my current WA license). The only ticket I currently have is for 40 in a 35 mph but it was while I was visiting back in MI just under three years ago. The clerk said that the judge might consider that. In a way if I had gotten that first ticket in WA, I would have been better off since at least that one might have gotten deferred.

I guess my question is this, any recommendations on the best way to proceed:
1) Submit the paperwork for Mitigation Hearing by Mail and ask for a deferment with that and explain that the only existing ticket (not including current one) is for the 'minor' one from MI which would have probably been eligible for deferment here in WA, etc. etc.
- I am not sure this would work, it might be too similar to the clerk not being able to do it over the phone, ie. a judge would not actually look at it and the clerk would have to say no.

2) Ask for a "Mitigation in Person Hearing" and present my "special" deferment request in person to the judge stressing the part that my current ticket is the first in WA and first one kind of eligible for deferment.

3) Submit paperwork for a Contested Hearing and then do a Discovery Request and hope that something is wrong. I already found out that the office filed the ticket within 2 days of the infraction so that 5 day rule would not be violated.

Anyone have any experience getting a deferment even though they do have a ticket on record but from another state?

Any advice appreciated.
Edit/Delete Message

[blewis]

Your argument that the ticket you received in MI three years ago COULD have been deferred if it had occurred in WA will not get you anywhere. If that ticket HAD been in WA and HAD been deferred, you'd be SOL for a deferral with this one -- you can only have ONE deferral every SEVEN years.

If it were me, I go the contested route and submit a discovery request. If you find something out of whack, you just might get this one dismissed. If it all looks good, ask for the deferral at your hearing (I have never seen a judge refuse to defer based on past record -- I have seen them require driving school as a condition of the deferral when a guy's record was REALLY bad).

Good luck,
Barry

[luckyguy]

Thanks for the reply Barry,

Yes I would still be SOL with the current ticket, but with a deferral on the first one (if it had been in WA), I wouldn't care as much about this second one because it would only result in one on my record, not two.

Just a clarfication on the second part of your response, did you really mean to say that you never saw a judge refuse to defer based on past record? If that is true, then why would it ever matter if you have another ticket (not a deferral) on your record. That is just a bit surprising to me. Anyways, I am thinking of going with your suggestion, although I hope the judge doesn't react negatively (won't even consider a deferral) if I waste his/her time with a court date with no meaningful defense.

[blewis]

All it means is that the CLERK could not grant the deferral over the phone. That, however, in no way prevents a JUDGE from granting it. Usually, you can request a deferral BEFORE your hearing actually begins. Most judges, however, will NOT grant a deferral if you present a defense and are found guilty.

Barry