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How will your office defend my ticket?

  • We will fight your ticket any way we can find under the law and will first try to get your ticket Dismissed on a Legal Technicality. THIS IS ALWAYS OUR FIRST GOAL. There are a number of ways to beat your ticket on a legal technicality. The lawyers at my office have an extensive checklist that they use for each case to make sure that every rule was followed. For example these are just a few of the rules that we check on every case:

 

  1. Failure to provide DX per IRLJ 3.1(b);
  2. Failure to have SMD expert appear per IRLJ 6.6;
  3. Inadequate speeding foundation;
  4. Inadequate pace foundation. Speedometer tested? Y or N? When last checked?;
  5. Inadequate Radar/lidar certification: Fork(s)#:_________/ Machine#:__________Bellevue v. Lightfoot;
  6. Inadequate Radar/lidar lab calibration: Frequency__________/Last___________;
  7. Inadequate lidar foundation: Moving mode- was speedometer certified? ______When?______ How?________;
  8. Stationary mode- approaching/ receding;
  9. Not properly authenticated per RCW 9A.72.085: Place signed/date/truen under penalty of perjury/under  laws of WAand
  10. Failure to charge most specific charge. Charged:_______________. Specific Charge:_________________.; State V. Shriner.

There are many other issues my office looks for to get your ticket dismissed on a legal technicality. When a rule was not followed my office argues that the ticket should be dismissed. When the ticket is dismissed on a legal technicality it will not appear on your driving record. If there are no legal technicalities for my office to argue, both you and a lawyer will determine which of the following options is best for you:

  • The Prosecutor has the ability to amend your ticket to a nonmoving violation such as an expired tabs. A nonmoving violation shouldn’t affect your insurance rates; however your insurance policy is a private agreement between you and your insurance company so if they wanted to they could raise your rates if you changed the color of your car. Most non-moving violations are not reported to the Department of Licensing so they do not show up on your driving record but each case is different so please contact the office of you have specific questions.
  • Negotiate with Prosecutor for a Stipulated Order of Continuance. A Stipulated Order of Continuance is an agreement between you and the Prosecutor where the case is continued for an agreed amount of time, usually one year. During the continuance you must not get anymore traffic tickets, you must pay a fee, and you may be required to take a traffic safety class. If each of the requirements is met, the ticket will be dismissed and will not affect your driving record.
  • Under Washington law a person is entitled to one Deferred Finding every seven years. Usually the terms of the deferral are: you do not commit any other traffic infractions over the next twelve month period; you pay the court a fee; and some courts require a traffic safety class. If each of the requirements is met, the ticket will be dismissed and will not affect your driving record. NOTE: We will NOT use a deferred unless there is no other option to keeping a moving violation off of your record as this can be done without the help of an attorney (although knowing if you NEED to use it does require an experienced traffic ticket lawyer in most cases).
  • Hold a contested hearing on your behalf. We will hold a contested hearing only if there is no other way to keep the ticket off of your driving record. This is because the standard for a finding that you have committed the infraction is very low at these hearings so they are often won by the Prosecutor.

Please call the office if you have any questions about how your case will be defended.

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