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  1. #1
    Join Date
    Apr 2010
    Posts
    5

    Question Obstructing an Intersection

    My question involves a traffic ticket from the state of: Washington

    Hi there,

    I got a ticket for blocking intersection in Redmond WA. I wonder if it's even feasable to fight this ticket. Here is the discovery:
    http://docs.google.com/leaf?id=0BxT_...Y2Q5Njc4&hl=en

    Also, officer mentioned that this ticket won't go into driving record. I couldn't find any proof for that (infraction code is 10.36.060). Any idea?

    Thank you,
    Den

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Obstructing an Intersection

    I don't care to read documents at an external link.

    What do you believe your defenses to be?

  3. #3
    Join Date
    Apr 2010
    Posts
    5

    Default Re: Obstructing an Intersection

    Do know how to attach a document... here is what report says:

    "While employed by the City of Redmond as a Police Officer, I was monitoring traffic at the intersection of the WA SR-520 exit at NE 40 St within the City of Redmond, in a marked patrol vehicle. I was stopped for the red signal in the inside left turn lane of WB NE 40 St, leading onto the WB SR-520 entrance. I observed the defendantís vehicle making a left turn, in the outside left turn lane, from the WB SR-520 exit onto EB NE 40St. The defendantís vehicle came to a stop in the intersection, directly in the path of vehicles in the outside left turn lane of WB NE 40 St turning onto the WB SR-520 entrance, due to a lack of sufficient space on the other side of the intersection. When the signal turned green the vehicle in the outside left turn lane were unable to complete the turn due to the defendantís vehicle obstructing the lane of travel."

    I do not see how I can build my defense here thus I was wondering if more knowledgeable folks would.

    Ideas much appreciated.

    Thx!
    D

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Obstructing an Intersection

    Personally, I don't see much hope for this one. The officer carefully described where he was, where you were, what you did, and the result, as well as the correct ordinance. The Redmond City Ordinance reads:

    Quote Quoting 1036.060
    10.36.060 Obstructing traffic.

    No operator shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (Ord. 304 ß 52, 1963).

    As far as the infraction being reported to the DOL, I don't know. RCW 46.20.270 states:

    Quote Quoting RCW 46.20.270
    (2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations within this state, shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.

    Based upon that law, I don't see why it would NOT be reported.

    However, to be on the safe side, I'd request a "mitigation" hearing. At the hearing, I'd say something like, "Your Honor, at the time I was issued this Notice of Infraction, the officer told me that it would NOT go on my driving record. If the officer was correct, I'd like to proceed with the mitigation hearing. If, however, this infraction WILL be sent to the DOL, I'd like to change my plea to 'not guilty' and request a 'contested' hearing".

    If the judge verifies that it will NOT end up on your record, you can go on to tell him/her about how traffic was moving along, and then came to a sudden stop -- leaving you in the middle of the intersection. I don't know of anyone who hasn't had that happen to them at some time or another. If you've got a clean record, the judge will probably cut your fine in half.

    Good luck,
    Barry

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