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  1. #1
    Join Date
    May 2010
    Posts
    3

    Default Is There Any Way to Keep a Speeding Ticket Off My Record

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

    I have had a clean driving record for 25 years, last weekend I got a ticket for 35 in a 25. My original plan was to ask for deferral so I called the court and then sent the ticket in asking for a mitigated hearing. Now I find I cannot defer due to the fact I hold a CDL endorsement.

    I have not used the CDL in over 20 years but have retained it due to the fact you never know what the future holds and I may need it again someday.

    If I renew my license now ( 2 months early ) and do not renew the CDL endorsement will I be allowed to defer? (hearing is in 3 weeks) or is that not an option because I had the CDL when I was cited?

  2. #2

    Default Re: Is There Any Way to Keep a Speeding Ticket Off My Record

    Theoretically yes you could do that, if they allow you to renew it early without the cdl endorsement. They usually have a time limit as to when you can renew.

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Is There Any Way to Keep a Speeding Ticket Off My Record

    Theoretically, yes. But in actuality, no. You had it at the time of being cited. I'm sure that the court will see that, and if they do not, you were super lucky.

    Your best bet? Get a lawyer or fight it.

  4. #4
    Join Date
    May 2010
    Posts
    3

    Default Re: Is There Any Way to Keep a Speeding Ticket Off My Record

    It's my understanding now that I have have asked for a mitigated hearing I have admitted guilt and can no longer fight it.

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

    Default Re: Is There Any Way to Keep a Speeding Ticket Off My Record

    Call the Clerk of the Court where you sent your ticket. Ask about how to go about changing from "mitigation" to "contested".

    Barry

  6. #6
    Join Date
    May 2010
    Posts
    3

    Default Re: Is There Any Way to Keep a Speeding Ticket Off My Record

    Ok so I change it to contested and try to fight it, can it get worse? when the officer pulled me over he told me the stop was being recorded and asked if I knew why he stopped me, I replied no, he then said he had me on radar at 41 in he 25, I didn't argue with him or dispute it, he took my paperwork back to his car and came back with the ticket stating he was giving me a break and only writing me for 10 over. I was not happy and made several comments that I assume are recorded....so could the judge turn it into a ticket for 41?

  7. #7
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Is There Any Way to Keep a Speeding Ticket Off My Record

    No. The judge cannot change a charge on a ticket, no matter how strongly he feels about the case. That would be a biased trier of facts. You're protected from a judge acting in the dual capacity in many cases handed down by state supreme and appellate courts. IRLJ 3.1(c) reads that the NOI may be amended "if substantial rights of the defendant are not thereby prejudiced." A biased trier of facts would SEVERELY prejudice your case. Therefore, the JUDGE cannot change the charge.

    On the contrary, a prosecutor can change the NOI. This is established in IRLJ 3.1(c) as well.

    I think I speak for a good amount of us here when I say I've never seen a ticket amended by a prosecutor. It doesn't mean they won't, it just means they won't care enough to do so.

    As for the video: put it on your discovery request. Then, if you never receive it and if the prosecution tries to use it against you in open court you can motion for dismissal based on IRLJ 3.1(b). Granted, the prosecution does not object.

    Brendan

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