Seattle Traffic Lawyer Blog

Seattle Traffic Attorney | Requesting Discovery

2010-07-28T17:21:00.000-07:00

Whether you believe it or not, you can't turn yourself into a Seattle traffic attorney in one day based on one ticket. It's just not possible. But if you want to be an amateur traffic attorney, you've got to know a couple of basic rules. And I'm going to tell you one of them today. It's not a way that I win a lot of my cases (I, after all, am a real like Seattle traffic lawyer), but I do win some of them this way, and maybe you can too.

It's impossible to fight a speeding ticket if you don't get discovery. What is discovery?, you might be asking. It is a copy of the officer's report of what happened, and may also include a report of the speed measuring device maintenance records. In short, it is what we use to beat speeding tickets. Without it you have no idea what defenses you might have.

And the great thing about discovery is that it provides a defense in and of itself. If the prosecutor doesn't give you a copy of the discovery before your hearing date, you can get the case dismissed. And, like I said, it doesn't happen all the time, but it does happen. And you need to be aware of that, in case you ask for it and you don't get it.

But here's the catch, you have to do it in writing to make sure it works. So, simply write out on a sheet of paper that you want to request discovery. Make sure you've got the court you're in, the case number, and who you're against (City of Seattle, for example). Send it in and wait to see what you get.

There's only one problem with this method. What happens if the discovery shows up? What do you do then? That's easy. You hire a Seattle traffic lawyer to help you, and you hope that they can find something wrong with the ticket in enough time for it to help you out. Don't try to go out there and do it on your own. It might not be rocket science, but Seattle traffic attorneys really know what they're doing. And you really don't.

Good luck. Hope you beat that speeding ticket and keep your driving record clean!

Seattle Traffic Lawyer | A New Defense That Won't Work

2010-03-10T18:06:00.001-08:00

I thought I'd heard about all the defenses there were to speeding tickets that existed. I am, after all, a Seattle traffic lawyer. That means that if I haven't thought of it myself, a client has probably proposed it. Well, I heard a new one today.

And, before I go any farther, I want to say that I'm not making fun of the person that brought this potential Seattle speeding ticket defense up to me. I enjoy when people give me some suggestions for possible defenses. Sometimes they won't work, but sometimes they will. I encourage you to feel free to speak up and let me know what thoughts you have on the matter.

Now, back to the story. Someone called me today, they'd received a speeding ticket in the City of Seattle on Highway 99, otherwise known as Aurora Avenue. If you didn't know, the stretch of that road that goes from Fremont to the downtown tunnel is a speed trap most of the day. Cops will just sit there and pick people off one by one, over and over again.

Anyway, they had contested some tickets before and had a novel approach that they thought might work. They wanted to challenge the legality of the speed limit itself. The thinking was, if the speed limit is improper, there is no way they could prove he was speeding.

Like I said, I'm a speeding ticket attorney. I can appreciate some creativity, but this was something I'd never heard of. And I didn't think it would be successful because the statute essentially sets the speed limit as that posted. If it says 40, you have to stay at 40 or lower. Period.

I told him what I thought and he saw where I was coming from. And then he hired me. So I thought I'd write about it in case anyone is looking for a novel approach or wants to see what a Seattle traffic attorney thinks about the defense.

Seattle Traffic Lawyer | IRLJ Explained

2010-01-06T13:36:00.000-08:00

It's been quite a long time since I've posted on here, but that's because I've been out fighting Seattle traffic tickets and taking care of business! As a Seattle traffic lawyer, your work comes in fits and starts, and around holiday time, the cops are out looking for drunk drives so attentively that they often write a ton of traffic infractions.

Well, if you are one of the unlucky ones that fell victim to the speeding ticket trap and you now need a speeding ticket lawyer, you are probably wondering what you should do. And you probably have no idea where to begin. You don't know good Seattle traffic lawyers from Adam, and it doesn't seem so difficult you couldn't do it by yourself, right?

The first place you should go, right after reading the Seattle Traffic Lawyer Blog, of course, is to the IRLJ. What is the IRLJ, you might be asking? The IRLJ stands for Infraction Rules of Limited Jurisdiction. Translated, the IRLJ are the basic rules for contesting and fighting traffic infractions. You can get to the IRLJ by clicking on the link here.

I suggest you read through these rules to see if you want to fight the ticket yourself or hire a professional to do the job. The IRLJ governs a lot of the procedure surrounding your hearing, but you are going to have to come up with the reasons your ticket should be dismissed on your own!

Related Posts:

Seattle Traffic Lawyer | Cited, Now What?

Seattle Traffic Lawyer | Overview

Another Reason You Require a Seattle Speeding Ticket Attorney

2009-11-20T13:50:00.001-08:00

I am in court for Seattle speeding tickets all the time. I've seen almost every argument under the sun made for getting a ticket dismissed. And you know what? I've seen almost every argument win and almost every argument lose at one time or another. How can that be, you might ask? Simple, the judges and the courts rule in different ways in different times, depending in part on their mood, on the facts of the case, and whether or not a prosecutor is present.

This is one primary reason why you should consider hiring a Seattle speeding ticket attorney and not going to court yourself. You probably don't have the expertise to find the problem to get your ticket dismissed, and you definitely don't have the experience and knowledge to know which argument is going to work for which judge in which court. And, to be completely honest, I don't either. That is why I am usually armed with several arguments for dismissal, all of which may or may not get your speeding ticket dismissed.

For example, there is an argument to be made from time to time about an element of the signature of the officers on the tickets. I won't go into it here because it's pretty boring and it's hard to explain without an example to show, but my point is that this argument has won and gotten Seattle speeding tickets dismissed and it has lost and not gotten Seattle speeding tickets dismissed. In the case of the losers, it is important that I have a backup argument, or backup plan, to move ahead. For you, putting together that plan might be a little tougher.

Bottom line, if you have a speeding ticket in Seattle and want your best chance to beat it, you need to hire a speeding ticket attorney in Seattle. They have the expertise and the experience necessary to give you the best show to beat your traffic ticket.

Don't Contest Your Seattle Speeding Ticket by Admitting to Speeding

2009-09-27T20:30:00.000-07:00

I was in traffic court the other day and I saw something I don't normally see a lot of - people contesting their Seattle speeding tickets even though they were eligible for a deferral and didn't have a Seattle traffic lawyer with them. Why is this so strange? Because they never win, they never have a good defense, and they always say the darndest things (kind of like that kids show back in the day when Bill Cosby would ask kids questions).

Not convinced? Let me give you an example.

In traffic court, unlike the regular criminal court (speeding tickets and most other traffic infractions have been decriminalized so attorneys don't have to be appointed), the Seattle traffic attorneys don't get to go first. They have to wait in line with everyone else. I think this is done in part because the judges don't like to see all the traffic tickets get dismissed, and our punishment for that is having to wait in line, even if we have somewhere else to be. Because of this "punishment" I get to see a lot of regular citizens come up, present their case, and give it their best shot.

Just such a guy was giving it his best shot, trying to beat his Seattle speeding ticket. He comes up to the table after his name is called and introduces himself to the judge. He does not have a speeding ticket lawyer with him. The judge lets the guy know that he is eligible for a speeding ticket deferral and asks him if he wants to take advantage of that. He says no.

Now, let me interrupt here for a second. Whenever someone gets up without a lawyer and says they want to contest their speeding ticket, particularly when a deferral is on the table, I'm expecting some magic. Or, in the alternative, I'm expecting some kind of halfway decent argument from the accused.

Back to the story. When the guy passes on the traffic ticket deferral, the judge reads the police report into the record, so the court has it and so the guy knows what he is facing. Essentially, the report says this: "I was traveling on a road. The speed limit was 60. I saw the guy speeding. Using my radar, I clocked him at 65 mph. I pulled him over and issued him a speeding ticket." Then, as you might expect, the judge waits to hear from the guy. His defense, which I bet he thought was going to work, was this: "I was going 65, but everyone else was too. Because of that, I shouldn't be the only unlucky guy who gets a speeding ticket."

Guess what the judge did. You are right, she found he'd committed the speeding ticket infraction and reduced his fine for being so naive as to think the everyone is doing it so it must be okay defense. She even asked the guy if everyone didn't do their homework if it was okay if he didn't do it too.

Now, I have a lot of respect for people that fight their Seattle speeding tickets, even if they don't hire a speeding ticket lawyer (it takes a lot of guts to get up in front of the judge and argue for your case). But, if you are going to do it, you've got to be smart enough to take a little bit of time before hand to put together a defense. And, secondly, if you think you've got a good defense, to check it out with some people and make sure it will actually fly when you get into court.

Beating a speeding ticket doesn't take rocket science. But there is a reason Seattle speeding ticket lawyer win all the time and regular people don't - you still have to lawyer them up a little bit. And although I'd love to tell you all how I beat speeding tickets every day, it'd be kind of like giving you a motorcycle without teaching you how to ride - in the end you'd do more harm than good (and the other traffic lawyers out there would get really pissed at me - trust me, they've called).

I may catch some flack for saying this by my colleagues, but I am going to let you in on one secret of speeding tickets in Seattle - speeding is a strict liability crime. What does that mean? It means if you are driving even one mile an hour over the speed limit you are guilty of speeding. Period. So, if you decide to contest your own speeding ticket, don't think you can go in there with an excuse as to why you are speeding and hope to beat the ticket. It isn't going to work.

Seattle Traffic Attorney | Another Seattle Speeding Ticket Dismissed

2009-09-08T15:39:00.001-07:00

Okay, I lied in the title a little bit. The traffic ticket I got dismissed today was in Tacoma. And it wasn't a speeding ticket, it a traffic infraction for improper backing. But in the end, it's all kind of the same, right? And although I had to pull out all the stops for this one, it felt great to get another win for another client and leave the court without having anyone pay a dime to them.

One other thing that always amazes me is all the people that are in court without the help of a Seattle traffic lawyer. I mean, I sit there, waiting for my turn to come up, and I see other Seattle speeding ticket lawyers in there taking care of business, getting traffic tickets dismissed by the truck load. And then I see unsuspecting people get up and talk to the judge like he was their buddy (or, in the alternative, their dad) and plead for help, only to get hit with a fine. It doesn't have to be that way!

Now, I'm saying you have to hire me. Maybe there is some other Seattle traffic lawyer out there that you like better, that fits more of your style than I do (and trust me when I say there are all different types of Seattle speeding ticket attorneys out there). But you should hire someone, at least so you can have the peace of mind of knowing you did everything you could to fight that traffic infraction. Otherwise you are just making the city rich and the insurance companies rich (you are paying higher premiums even though you are the same accident risk - that means that money just goes into their pockets). And no one really wants to do that.

So, here's to me and my client for another successful traffic ticket defense. And here's to me and to you for many more to come. Don't wait until it is too late, mark the third box on your speeding ticket and fight your traffic ticket today.

Should You Subpoena the Officer for Your Seattle Speeding Ticket?

2009-09-03T12:31:00.000-07:00

If you are ever pulled over and issued a Seattle speeding ticket, a look at the ticket will quickly show you you have three options to choose from to get rid of your ticket: pay the ticket; ask for a mitigation hearing; and contest the ticket and fight to beat your Seattle speeding ticket.

If you've been to the Seattle Traffic Lawyer Blog before, you probably know that I advise every one, even if they don't decide to hire a Seattle speeding ticket attorney, to check box three on their ticket and contest their Seattle speeding ticket at a hearing in front a judge.

But after you contest the hearing, then what? And most importantly, do you want to subpoena the officer so you can have the opportunity to ask him questions directly about what happened and about the way he did things to make sure he did them correctly? Believe it or not, this is a difficult decision to make for a couple of reasons, which I'll discuss below.

The Seattle Speeding Ticket Cop Won't Show Up Defense

First, there is the thought that maybe the officer won't show up and your ticket will be dismissed. This may come true. But I wouldn't bank on this happening. In most jurisdictions, if not all jurisdictions, cops are paid for time they spend in court, whether it is part of their shift or not. And they don't like their tickets getting beat, so you'll find they often show up for court. If you decide to subpoena the officer and he or she doesn't show, then great, but don't count on this as your sole defense for your Seattle speeding ticket - you won't have anything to say if they do show up!

You Need to Have a Game Plan to Beat Your Seattle Speeding Ticket

Second, you need to decide if you think it is smart to call him to the stand. Do you have any idea what you are going to ask him? Do you have any idea how to attack his statements or his actions? Are you going to be able to recognize if the Seattle cop has done something wrong? Are you going to know what to do if he says everything correctly and doesn't fall into the "traps" you set for him?

By the way, if you don't know how to answer any of these questions, you are not alone. That is why Seattle speeding ticket attorneys exist - to do this dirty work for you, and to do it well. We get to fight traffic tickets nearly every day, so we learn quickly how to deal with cops, when they have failed to follow a rule, and what to do when the failure to do something required is uncovered. As I always say, it's possible to do it on your own, but you are taking a pretty big risk.

Sometimes Not Subpoenaing the Seattle Cop is Your Best Option

Finally, you can decide not to subpoena the officer. Why would you do this? If you don't subpoena the officer, by court rule the judge will admit his speeding ticket report into evidence and rule based on that (and any evidence you decide to submit). The judges normally give a lot of weight to these statements, so don't just go into court and say the officer was lying and expect to win - it won't happen. Instead, again, I'd hire a Seattle speeding ticket lawyer to look at the evidence and help you beat your traffic infraction.

Like I always say, it is possible to represent yourself and win. I see people do it all the time. The only problem is, it isn't even as close to as effective as hiring an experienced Seattle traffic lawyer to do the job. And besides, the old saying usually holds true, "anyone who represents himself has a fool for a client."

Related Posts:

Don't Try to Talk Your Way Out of a Seattle Speeding Ticket

The One Sure Way to Lose a Seattle Speeding Ticket

Seattle Traffic Lawyer | Seattle Traffic Ordinance Ruled Invalid

2009-08-20T15:26:00.000-07:00

I am a Seattle speeding ticket lawyer. I am also a Seattle criminal lawyer. One of the reasons I do what I do is because I like to fight the establishment. I like the idea of making those who often have enormous power over the weak, unlucky, less intelligent, and foolhardy eat a little crow and greatly reduce or dismiss the charges against my clients. Because this is one of the reasons I do what I do, I took great pleasure in reading this story out of the Seattle Times on Tuesday with the headline: "Court Rejects Seattle Traffic Law."

In this case the facts were undisputed. A man was driving his van in Seattle in September 2006. He was not drunk. He was not high. He was not angry. He was simply driving his van, probably to work, to a job, or to run an errand. The particular street he was on runs both northbound and southbound, and the driver was going southbound. At some point he needed to make a left turn, and waited on traffic to clear so he could do so. After traffic cleared he began making a left turn. The problem, however, is that a lady on a bike was traveling northbound and was crossing the street at that very moment. The driver didn't see her until it was too late, and she collided with the vehicle. The tragic thing is that even though she was wearing a helmet the fall caused a traumatic head injury and she died later that day.

At this point in the facts, from a legal perspective, we really have two controlling principles. The first is failure to yield, a traffic infraction in Seattle. The other, which is civil in nature, is negligence, which is a breach of duty accompanied by injury (in this case the duty to yield to oncoming traffic). And that is it. After learning of the facts of the case King County reviewed the case to determine if a vehicular manslaughter charge was appropriate. Vehicular manslaughter can occur in one of three ways: (1) a death by someone who is DUI; (2) reckless driving that causes a death; and (3) operating a vehicle with reckless disregard for others. They determined, correctly, that vehicular manslaughter was not appropriate in this case.

And that was probably a correct assumption considering the guy was simply making a left turn, didn't see a woman on a bike, and a tragic death occurred. There was nothing to support any kind of reckless behavior from the guy. If he were charged with that, Seattle traffic lawyers would have probably been able to beat that case fairly easily.

But, the City of Seattle, with a new statute in hand, didn't hold back from charging the driver with assault. The statute they charged him under was fairly new at the time, and this was probably the first case it was brought under. What is said was, if you commit a traffic infraction and it causes severe bodily injury or death, you are guilty of the crime of assault. No one really knows why this statute was put into place, whether it was a specific case that brought it up or just a loud political action group, but what it did was essentially make driving a car a potentially criminal act, even if you had no intent to do anything wrong. You talk about driving a Seattle traffic lawyer crazy!

Because the guy did have a good Seattle traffic lawyer, he was able to put together a defense to the charge - that the statute he was charged under was invalid because it is superseded by State law. See, several years ago, the State Legislature specifically decriminalized a lot of traffic violations. The reason? If you are charged with a crime punishable by jail, you have the right to an attorney. And attorneys, while effective advocates for their clients, tend to be expensive, and tend to slow the system down greatly. To streamline the process (and keep people out of jail for simple traffic crimes) the Legislature made many traffic infractions essentially a type of civil wrong punishable by fine only. And the key to this change was that it applied across the board to city and county governments as well.

The facts were not at issue, the law was, so the driver of the van had a bench trial, where he and his traffic attorney argued their motion that the statute was invalid as a result of conflicting with the Washington State statutes. They lost. So they appealed it up to King County Superior Court, and they won. After their victory, the City appealed up to the Court of Appeals, who on Monday upheld King County Superior Court and invalidated the statute for conflicting with the State statute (you can read the opinion here.

Because of the ruling the charge will be vacated and the driver can move on with his life (it is important to note that the driver took full responsibility for his actions, reached a settlement with the family monetarily, and has tried to move on with his life - he was in his 50s and had a clean driving record until that day.

What does this mean for you? It means if you are charged with a crime or a traffic infraction in Seattle you need to get a Seattle traffic defense attorney to help you out. It isn't always about getting you the best deal. Sometimes its about showing the government and those in power that they can't just run around making up laws because they think it's wrong that accidents happened and people get hurt sometimes for no good reason. Even though the driver ended up without a criminal conviction on his record, I think it is clear that no one prevailed in this case. The biker lost her life and the driver, while hitting the biker accidentally, will have to live knowing he took a life.

Seattle Traffic Attorney | Driving While Texting

2009-08-18T07:46:00.000-07:00

As far as rumors go, the driving while texting rumor floating around Seattle might be the biggest. I've talked to friends who think the Seattle cops can pull you over if they just see you driving and texting. I've talked to friends who think the Seattle cops can only cite you with driving while texting if they catch you for something else (the ominous secondary violation). And I've talked to friends who think the Seattle cops are out there looking for drivers who are texting to take them down. Well, today is your lucky day because I, a Seattle traffic attorney, am going to uncover the mystery that is Seattle driving while texting.

To get to the bottom of Seattle driving while texting, I figured I would go to the source of all the confusion - the statute. Texting while driving and its illegality is governed by RCW 46.61.668. It was passed by the Washington State Legislature just this year. And here it is, summarized a bit by me:

First, if you are operating a car and, by means of a cell phone, and not a permanently fixed GPS device, send, read, or write a text message, is guilty of a Seattle traffic infraction. If you are selecting, writing, or entering a phone number for the purposes of making a phone call, you are not deemed to be texting.

Second, if you are in this select group of people doing these precise things, you are exempt from this law:

authorized emergency vehicle; or

a moving motor vehicle while using an electronic device to:
(a) report illegal activity;
(b) summon medical or other emergency help;
(c) prevent injury to person or property; or
(d) relay information between a transit operator and that operator's dispatcher, where the device is permanently affixed to the vehicle.

To translate, you can't drive while texting unless you are reporting an emergency, reporting illegal activity, or a transit operator. Otherwise, you are probably guilty of texting while driving, and need to call a Seattle traffic ticket defense attorney.

And finally the moment you've all been waiting for at the Seattle Traffic Lawyer Blog - the penalty. I'm going to quote it here so you can see first hand that Seattle driving while texting is a secondary violation. Here is the exact language:

(3) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.

(4) Infractions under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers.

Bottom line, driving while texting in Seattle is a secondary violation, will probably only cost you fifty bucks, and can't be used against you for insurance purposes or any other purposes.

One last thing before I go. Because I am a Seattle speeding ticket attorney, I always look for the weak points in the law. And law seems to have little teeth. Apart from texting, people can do many things with their phones - check email, write email (which isn't technically texting), play on the internet, play games, read the newspaper. The list goes on and on. Under the language of the statute, this type of behavior doesn't seem to be improper.

If you are cited and weren't driving while texting but doing something else, it might be beneficial to hire a Seattle traffic attorney. Not only do we know the law, but we know how to persuasively present your case in conjunction with the law so the judge will understand where you are coming from.

Seattle Traffic Lawyer | Driving While License Suspended Charge

2009-08-14T09:11:00.000-07:00

Driving while your license is suspended in Seattle is treated as a very serious offense. And it makes sense why. The thinking is that if you are driving while your license has been suspended you must have done something that a responsible driver wouldn't do, and you should be off the road.

As a Seattle traffic lawyer I often deal with people who are charged with driving while their license is suspended, and one common theme seems to abound - nobody thinks its a big deal. And that would be okay, if it wasn't a big deal. But it is. And jail time is a possibility if the problem is not taken care of.

Driving while license suspended is controlled by RCW 46.20.342. That statute recognizes three basic levels of driving while license suspended. The lowest level is third degree DWLS, and it is punishable as a misdemeanor, meaning you could spend up to a 90 days in jail and receive up to a $1,000 fine. The language of that statute reads:

A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (i) through (vii), is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.

The next level of DWLS is second degree. It is punishable as a gross misdemeanor, meaning you could face up to a year in jail and a $5,000 fine. Additionally, you could face a prolonged driver's license suspension. The language of that statute reads:

A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

(i) A conviction of a felony in the commission of which a motor vehicle was used;

(ii) A previous conviction under this section;

(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational or a temporary restricted driver's license;

(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

(viii) A conviction of RCW 46.61.500, relating to reckless driving;

(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

(x) A conviction of RCW 46.61.520, relating to vehicular homicide;

(xi) A conviction of RCW 46.61.522, relating to vehicular assault;

(xii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

(xiii) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

(xv) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;

(xvi) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

(xvii) An administrative action taken by the department under chapter 46.20 RCW; or

(xviii) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.

Finally, the most serious level of Seattle DWLS is first degree driving while your license is suspended. It too is a gross misdemeanor, punishable by up to one year in prison and a $5,000 fine. And, like second degree driving while under the influence, your driving privileges will be suspended, and for a longer period of time (in some cases even permanently). If you are charged with DWLS first degree, you should hire a Seattle traffic lawyer immediately. They can at least help you minimize the damage. The first degree DWLS statute reads:

A person found to be an habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

Bottom line, if your license is suspended, the worst thing you can do is drive and get caught driving without a driver's license. Not only does it count as a misdemeanor conviction on your criminal history, but you could lose your driving privileges even more.

Washington Department of Licensing Mistakes

If we know anything about the Washington Department of Licensing, it is that they sometimes make mistakes. For example, I had someone call recently looking for a Seattle driving while license suspended lawyer. She had been recently pulled over for DWLS and had no idea why. Turns out, her car tabs had expired, she'd received a ticket for it and not paid, her license had been suspended, and when she went to pay the ticket, her paperwork was lost and her license was never reinstated. When they sent the notice out, she had recently moved, and the notice never reached her. But that hasn't stopped the prosecutor for trying to prosecute her for it.

Certainly the fact that she was driving with a valid license but for the Washington Department of Licensing losing it is an important fact in this specific case. And it is one that may provide her with a defense the prosecution will consider in reducing or dismissing the charges. But either way, she is out her time and the expense of hiring a Seattle traffic attorney to help her on the case.

If you are cited for a Seattle traffic infraction, don't fight it alone. Get someone who has been there before, who knows the ins and outs of the law and procedures, and who can even the playing field for you. Get a traffic lawyer.

Seattle Traffic Lawyer | A Cop's Perspective

2009-08-13T10:54:00.000-07:00

Before I begin, don't let the title throw you off. I'm not going to give you a blow by blow of the Seattle police officer's thoughts as he approaches you and things like that. This is more of a "this is why they do what they do" type of post. And it's not about safety. Well, I guess it is, in a way. It's about keeping you safe from Seattle traffic ticket convictions.

First things first, no matter how nice the Seattle cop is when he approaches, no matter how engaging he is conversationally, he is not your friend, and he is not there to hang out. Always remember that the cop is there to bust you for something. Otherwise he wouldn't have pulled you over.

As a Seattle speeding ticket attorney I see it time and time again - my client becomes all chummy with the police and the next thing you know they are spilling their guts, or "telling it like it is." My client thinks everything is hunky dory until we're in trial and the cop, with the same pleasant attitude, details all of the statements the client made during the stop. Don't fall for the act.

Number two, which sounds a lot like number one, but is different, is that the cops are there to get as much information from you as possible, and they will switch gears to try to get what they want. To counter the cop's tricks, follow my rules for Seattle traffic stops:

1. Don't answer any questions - say "My attorney told me not to answer that," or with traffic stops, that you didn't know why you were pulled over.

2. Don't let the officer guilt you into answering his questions.

3. Don't take field sobriety tests or portable breath tests.

4. If arrested say these words - "I choose to remain silent and speak with my attorney."

5. Never consent to a search of anything - Just say no.

At some point you are going to be facing some serious pressure from the cops. Usually it comes in one of two or three forms. The first shot from the cop will be "I'm trying to help you out here, but I need to know what was going on." After you remain silent (you can just sit there and not say anything - it is awkward, but definitely okay), he's going to switch gears and try to guilt you into it. Typically it will be something like "if you don't have anything to hide you should have no problem talking to me (or letting me search your vehicle)."

After that he might switch gears again and say something like "if you don't talk it's just going to make it worse." My advice to you - don't believe the hype. All that is getting worse is his job of arresting you.

Let me explain why the cops are doing this (that's why you're at the Seattle Traffic Lawyer Blog right). For example, let's say you are pulled over in Seattle for a moving violation (what I mean is you didn't wreck into anyone and you weren't driving erratically). The cop comes up to you, and you've had a couple of drinks. He smells you, takes a look, and says, have you had anything to drink tonight. Right now it is time to shut your mouth. And here's why. First, smelling like alcohol is generally not enough information to arrest you for DUI - it is not, after all, illegal to drink and drive. It is only illegal to drive drunk. Second, the cop knows this, and that is why he is trying to get you to admit you were drinking, and more importantly, how much you were drinking.

In the end, the police are always trying to bust you (unless you called them for help, of course - and even then, be careful). It's what they do for a living. Don't fall victim to their tricks and talk to them about anything. You have Constitutional rights and you should exercise them. And if you're not sure what to do, just give your traffic lawyer a call. You have the right to speak with one (after you've been arrested). Take advantage of that.

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Seattle Traffic Attorney | You Got a Seattle Traffic Ticket - Now What?

2009-08-04T13:29:00.000-07:00

It finally happened. You tested the limits of the highways one too many times, and the cops finally nabbed you. It was only a ticket for 73 in a 60, and it doesn't seem like that big a deal (about a $124 fine), but you are still kind of wondering what you can do and what you should do to make sure this speeding ticket doesn't blossom into a bigger problem.

Before I go any farther, let me assure you that this can blossom into a bigger problem, in a few ways. First, you have the fine. That is money out of your pocket. But if you just pay the ticket, assuming it is not an infraction that is not exempt, the infraction is sent to the Department of Licensing and put on your record for a period of three years. In those three years, your insurance carrier can look at your driving record and potentially increase your insurance premium fees for that entire time. That means you could be paying significantly more than the price of the ticket.

Keeping that in mind, when you get your Seattle speeding ticket, you will have fifteen days from the date you are issued the ticket to decide what you want to do. Make sure you don't wad the ticket up and throw it in your car. Put it some place you can see it, mark your calendar, and remember that you must make a decision within fifteen days. Otherwise that Seattle speeding ticket is deemed committed, your fine is increased, and your license is suspended.

When you look at the ticket, you will see that you have three options: pay the ticket; mitigate the ticket; or contest the ticket. I hope you already understand why you shouldn't just pay the ticket. It does you no good and can affect you for years after. And mitigating the ticket is often just as bad. Mitigation is simply asking the court to reduce the fine associated with your infraction. It does not take away the fact that your insurance carrier is going to see that you committed an infraction and increase your premiums accordingly.

So, the only real thing to do is to contest your ticket. And what do you do after that? Take a look at your ticket and see if there is anything that might cause it to be dismissed. Ask for the police reports and other discovery you can get and look at it for inconsistencies. And if you feel overwhelmed, call a Seattle traffic lawyer. Although we may seem expensive for a simple little Seattle speeding ticket, we provide an exceptional amount of value.

First, we make it so you most likely don't ever have to set foot in a courtroom. Second, we bring a great deal of expertise to the table, increasing your chances significantly that you will be able to beat your Seattle traffic ticket. Third, we turn over the rocks and look in the nooks and crannies that you might not even know about to ensure every defense possible is raised for your traffic ticket. If that value is not enough for you to pay for a Seattle traffic attorney, we understand and hope your Seattle speeding ticket defense is successful.

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Seattle Traffic Lawyer | Subpoena the Officer?

Seattle Traffic Attorney | Overview

Seattle Traffic Lawyer | How Do We Do It?

2009-07-31T15:40:00.000-07:00

Whenever I tell people I am a Seattle speeding ticket lawyer one of the first questions I get is, "how do you do it?" It makes sense to ask that question, because it seems like there is some kind of unknown code for traffic lawyers that no one else can crack that allows us to get Seattle speeding tickets dismissed. But, believe it or not, there is no code to crack. There is no magic wand. We don't win all of our cases, and we often even lose several in a row. What is the answer to this question, then? Read on at the Seattle Traffic Lawyer Blog to find out.

There are really two ways to beat a Seattle traffic ticket - procedural and substantive. What I mean with those two words is that there are some defenses to traffic tickets that are based on the officer not following the proper rules. Many people would refer to these as loopholes, and these are primarily what make us look like magicians in traffic court. The other way to beat a Seattle speeding ticket is substantive, which means the prosecutor does not have enough proof to meet the standard of proof to find that you committed the traffic violation you are accused of violating. I'll give you an example of each.

First, procedural. There are several rules that need to be followed when filling out a notice of traffic infraction (also called a speeding ticket). One of those rules is that the officer must sign and certify that he is giving the infraction. From time to time an officer will forget to sign the infraction before giving it to you. If he fails to do that, the infraction is basically void, meaning it is worthless. Because the officer has not followed the rules of procedure for Seattle traffic tickets your ticket is dismissed. That is a procedural loophole.

Now, substantive. A large part of Seattle traffic law is the use of radar and laser guns to detect your speed. To act properly, each gun needs to be calibrated and maintained under a certain schedule. If the gun is not maintained according the schedule as set out by the law, then the gun's accuracy is called into question such that it's reading is not admissible in court. So, if you hired a Seattle traffic ticket attorney and he or she checked out the radar gun maintenance records and sees that it has not been maintained like it should, that evidence is inadmissible, and your case will be dismissed for lack of proof.

In the end, there are not tricks to beating a Seattle traffic ticket. You just need to be experienced and knowledgeable enough to know where to look for defense and how to attack a case. And it's completely fair to do, since we are playing by the same rules.

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Seattle Traffic Attorney | You Can't Win Them All

2009-07-29T11:48:00.001-07:00

We know what you think of Seattle traffic attorneys - they aren't good enough to hack it anywhere else, or they are schemers, or they are just too lazy to do "real" legal work. But the truth is, for many of us, we see our jobs as an important one. We don't make a lot of money on a single case, but we save our clients thousands of dollars in fines and insurance fees every day. And we save our clients from bogus speeding tickets or valid speeding tickets by pointing out what our clients don't have the expertise to know - that police officers are so busy they make a lot of mistakes when it comes to traffic citations.

I'm sure you love to hear about how we can get you out of your Seattle speeding ticket. I'm sure it makes you all warm and fuzzy inside. But here is the thing - we don't win them all. And it isn't for lack of trying. Sometimes the police just cross their t's, dot their i's, and catch you speeding or making an illegal turn or something of that nature.

So, when I hear a Seattle traffic lawyer out there touting "over 90% win percentages" and things like that, it kind of makes me cringe. The reason is this. It doesn't matter what they've done in the past because your Seattle traffic ticket is not going to be like any other. It will be a different time of day on a different street with a different officer and a different radar. So it is impossible to know if we can beat your Seattle speeding ticket just because we've done so before (and we have done so before - on several occasions).

I hope a few bad apples don't ruin the reputation of all of us. As a Seattle traffic lawyer I take pride in my work - and I often get a good outcome for the client. I think that says something about my work, but I think it also says something about luck of the draw. Either you have something to work with or you don't. And you usually don't know that until you see the infraction and discovery.

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Seattle Traffic Lawyer | School Zone Speeding

2009-07-27T11:51:00.000-07:00

You were running a little late, and you didn't see any police officers around. And the kids were well into school already. Why have that 9:00 a.m. school zone time if everyone is already in school at 8:00? So you breeze on through at 30 mph and are doing fine until you see the flashing lights in your rear view mirror. Now you have a Seattle school zone infraction speeding ticket, and aren't sure what to do about it. Should you hire a Seattle traffic lawyer?

The law is pretty clear - they want where children are to be safe. RCW 46.61.440 is a Washington State statute directly related to school zones. If there is a crosswalk designated with the standard signs showing it is a school zone crossing, within 300 feet on either side of it you may not exceed 20 mph. Also, where kids will be can be made into a school zone, where the speed limit can't exceed 20 mph on 300 feet of either side of the school zone. If you violate either of these rules the fine is double the fine for a regular speeding infraction.

What is the moral of the story? Try not to speed in school zones. But if you do, don't just pay the fine, call a Seattle traffic ticket lawyer to help. We may not necessarily be able to beat your Seattle speeding ticket, but we have the knowledge and expertise to examine your infraction from every angle and present a defense on your behalf that should at least give you a fighting chance.

Thanks for reading the Seattle Traffic Lawyer Blog. Keep up the good fight!

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An Overview of Seattle Traffic Law From a Seattle Traffic Lawyer

2009-07-27T09:13:00.000-07:00

As a Seattle speeding ticket attorney I must admit that this area of the law is not necessarily rocket science. There are a few hard and fast rules one should to know to work in the sphere of traffic law, and after that, you are only as good as your imagination allows you to be.

But, with that being said, I realize that unless you are a Seattle traffic ticket lawyer you probably don't know the basics of Washington traffic law. Well, today is your lucky day because I'm going to give you a little information. I'll ask some questions and provide some answers.

1. Why Isn't a Seattle Traffic Attorney Appointed for My Seattle Speeding Ticket?

You aren't entitled to a traffic lawyer because technically you aren't charged with a crime. Technically, you are charged with an "infraction" which is a kind of civil fine. This was done several years ago in an attempt to unclog the courts and reduce the burden of having to supply criminal defense attorneys to those who couldn't afford one.

Your speeding ticket is an infraction because there is only a monetary penalty - no jail time is possible. Thus, no need to appoint a speeding ticket lawyer in Seattle.

Is There a Statute of Limitations on my Seattle Speeding Ticket?

Not specifically. Because Seattle traffic infractions are classified as civil infractions, it is likely that the statute of limitations falls under the guise of civil rules.

The civil rules of procedure provide that the statute of limitations for all actions not specifically given a statute of limitation is two years. Because of this, it is likely that two years is the statute of limitations for a Seattle speeding ticket - but that full time is very rarely used.

Is There Really a Rule that My Seattle Traffic Ticket Must be Filed with the Court in a Set Amount of Time?

Yes. The notice of infraction, what you call a speeding ticket, must be filed within five business days of issuance of the ticket (weekends and holidays are excluded). If this is not done, your Seattle traffic attorney can file a motion to dismiss and the court will grant the motion.

If I Contest the Ticket, Will My Fine Be Higher?

No. The court will not punish you for making the prosecutor prove his case. That is why we recommend contesting every traffic ticket. You really have nothing to lose. And chances are if you make a good case, or hire a good traffic lawyer to handle your case, the judge will at least reduce your fine. And many times if you get a traffic ticket lawyer in Seattle they can get the charges reduced or dismissed, so it doesn't even show up on your record. Bottom line, only suckers pay their traffic tickets without contesting the hearing.

Okay, that's enough for now. Hope you have a little better understanding of Washington traffic law so you can navigate your way through those muddy waters. And remember, if you want a traffic lawyer, give us a call. We'd love to help you.

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Seatle Traffic Lawyer | Subpoena the Cop?

2009-07-23T10:01:00.000-07:00

Getting a Seattle speeding ticket sucks. You have to pay a big fine for what seems like a small problem, or you have to go to court and take time out of your day, or maybe do both. To avoid the hassle, you could hire a traffic lawyer to do all of the work for you, and increase exponentially the likelihood of beating your speeding ticket. Or you could fight it on your own.

If you do fight your traffic ticket on your own, you will see that you have the option of subpoenaing the police officer who made the stop (or who signed the ticket but didn't actually see you speeding - which would be even better). And the decision isn't as clear cut as it seems. Let me give you an example to show you what I'm talking about (you'll also want to read the Seattle Traffic Lawyer Blog - we're full of great information).

Let's say you are heading out to play golf over in Seattle, say West Seattle Golf Course or something. You are taking off work a little early to meet some friends for a mid-afternoon round. But you got out of the office later than you thought. So, in your hurry to get over to the golf course, you may have exceeded the speed limit a little bit. And you got popped for a Seattle speeding ticket. But you heard (correctly) that the best thing to do is fight your Seattle speeding ticket.

Whether or not to subpoena the officer in this situation is going to depend on one thing - do you want him there talking (so he can potentially cover his tracks) or not (so you can just use what is on the ticket). You do want him there if you want to point out all of the things he forgot to mention in his police report (weather conditions, traffic conditions, where he was set up, any other facts that might lead to radar malfunction). You do not want him there if there is a fatal flaw on the ticket (wrong road, wrong officer signed the ticket - not the one that actually witnessed you speeding, etc.)

When making this decision, think ahead about whether or not you want the police officer there speaking of if you'd rather attack the "testimony" that is the traffic ticket itself (the prosecutor will admit the ticket as testimony if the officer is not subpoenaed - it is signed under oath so the court allows it).

If you want to fight your Seattle traffic ticket think about hiring a Seattle speeding ticket lawyer.

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Seattle Traffic Lawyer | How do We Do It?

Seattle Traffic Attorney | Beat a Ticket - Step 2

2009-07-22T07:58:00.000-07:00

This step admittedly isn't one that is often successful. But in the checklist that ends up being how to beat your Seattle traffic ticket, this is a must stop on the train ride. It's called venue and jurisdiction, and if wrong, it is the easiest way to get your Seattle traffic ticket dismissed.

Now, venue and jurisdiction are not hard concepts, necessarily, but if you aren't a Seattle traffic attorney you might not really know what they are. You're lucky, because I'm here and I love to explain.

Venue is the place where your ticket is to be heard. It is the actual courthouse that you should be sent to to take care of your speeding ticket. But, if venue is incorrect, you can automatically have your Seattle speeding ticket dismissed. Poof. Gone.

And it happens sometimes when police officers get confused about where they are, which is easy if you are on city or county lines. For example, let's say you are on I-5 in north King County and you are pulled over for speeding. But you are stopped in Snohomish County. Because that is where you stopped, the officer gives you a ticket and tells you to report Everett municipal court. This the wrong courthouse, or venue, and the ticket will be dismissed.

Jurisdiction sounds a lot like venue but is slightly different. Jurisdiction is actually the ability of the court to hear the case. Sometimes there may be two jurisdictions for one ticket - King County for example. But, if the court does not have jurisdiction over the ticket - if it cannot legally decide and resolve the Seattle speeding ticket, the court cannot hear the case and must dismiss it.

Step two of how to beat your Seattle traffic ticket is a short, but important one. You don't see this often, but when you do it is very effective. If you aren't sure whether or not this applies, call a Seattle traffic lawyer and ask. We can help and we can usually take care of the ticket without you ever having to show up to court.

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Seattle Traffic Attorney | Beat Your Ticket - Step 1

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Seattle Speeding Ticket Attorney | Tricks

2009-07-21T16:26:00.000-07:00

As a Seattle traffic lawyer my bread and butter is not necessarily "tricks" as the post implies, but making sure all of the procedural rules that are required to be followed are in fact followed. Most of the time the result of not following the rules is dismissal of the ticket with prejudice (this means they can't file the ticket again).

One of the rules we use to get people out of Seattle speeding tickets deals with the deadlines imposed to file a notice of infraction with the courts and send out a notice of contested hearing to you, the defendant. More often than not these rules are followed. But when they aren't we are there to capitalize and help you beat your Seattle traffic ticket. The Seattle Traffic Lawyer Blog will tell you about one today.

When you get pulled over for speeding, running a stop sign, running a red light, making an illegal turn, failing to yield, or failing to use your turn signal, the traffic ticket process requires three steps: (1) issuance; (2) service; and (3) filing of notice of infraction. The issuance is obvious, the officer issues a ticket against you. The service can occur in one of a couple ways, including the officer giving you the ticket and the court mailing you a notice of infraction. But the filing of the notice of the infraction must be done with the court, and it must be done within five business days of the issuance of your ticket. If that deadline is missed, your ticket is dismissed.

After you file your request for contested hearing (which you should always do), the court has some other rules to follow. First, the hearing must be scheduled not less than 14 days after they receive the request for contested hearing, nor more than 120 days after you are served with a ticket. Also, once they receive your request for hearing, they must respond to you within 21 days. To get your case dismissed under these circumstances you have to show that you were harmed and let the court know they missed the deadline by filing a motion. But this can be successful at time.

So,the next time you fight your Seattle traffic ticket, take a look and make sure these dates are complied with. Or hire a speeding ticket attorney in Seattle to take care of it for you.

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Seattle Traffic Attorney | Beat Your Ticket - Step 1

2009-07-20T11:37:00.001-07:00

It finally happened. You rolled the dice one too many times and the Seattle police finally caught up with you and issued a speeding ticket against you. They got you for going 75 in a 60, which, by the looks of the ticket, results in a pretty hefty fine and, by the stories you've heard, will result in a pretty hefty insurance premium. You've heard you can contest your ticket and have a good chance of winning. But what are you supposed to do, and how are you supposed to do it to give yourself the best chance to win.

This is step 1 of a series of posts I'm going to do on how to beat a Seattle traffic ticket. As you know, I'm a Seattle traffic attorney, so these posts may seem to be a little counterproductive for business. But, as I learned as I was trying to explain to someone yesterday who asked me a question about a ticket he received, although it doesn't seem that complicated to me because I do it everyday, it is actually a little complicated. And a little bit of work. And a little bit of time.

So, I'm hoping that by reading these lessons you decide two things: (1) that although it is worth it to fight your Seattle speeding ticket, it is not worth it for you to do it by yourself; and (2) that we are the right Seattle speeding ticket attorney to help you.

So, lesson number 1 is what to do when you are pulled over for speeding, or failing to yield, or failing to stop at a stop sign, or failing to stop at a stop light, or whatever it is. And, though it may not seem like it, this is one of the most important steps, because although a lot cannot necessarily be gained at this stage of the game, a lot can be lost. So, here we go.

When you get pulled over by the Seattle cops for speeding, the first thing you are going to feel is fear. Why? Because it is a natural response. Even I get nervous when I see a cop. They usually aren't there to tell you what a nice job of driving you were doing. So, step one is to take a deep breath and try to relax as much as possible. The officer isn't going to shoot you, so you have nothing to worry about.

Next, when he approaches he is going to ask you for your license, registration, and insurance. Give it to him. And stay quiet. This is where most people bury themselves and their cases. You cannot talk your way out of a Seattle speeding ticket (although you can talk your way into one). Be courteous, but be quiet. After the cop gets your information he may ask you if you know why he pulled you over. "I do not know why you pulled me over" should be your answer every time. You know why, because you don't. And you know why else? Because anything you say is going to be an admission to committing a traffic violation. Talking as little as possible is good here.

Another thing you need to do right now is take some mental notes of exactly where you are. Is there a turn in the road? What time of day is it? Is traffic heavy or light? What lane where you driving in? Where did the officer come from? What are the weather conditions like? There are many defenses available to a Seattle traffic lawyer, and the more you remember about the stop, the better.

And finally, when the officer casually asks you if you mind if he searches your vehicle, just say no. Practice this. Just say "no" over and over again until it comes out how you like it to sound. Don't be mean about, just be firm.

Okay, that wraps up lesson one for how to beat a Seattle traffic ticket. And remember, when the lessons start piling up and running together, remember to give us a call. We can help you fight your Seattle speeding ticket and can relieve the hassle of dealing with it.

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Seattle Traffic Lawyer | Attorneys Fees

2009-07-17T13:08:00.000-07:00

I get asked all the time, as a Seattle traffic lawyer, how do you set your attorney's fees? Is there some reasoning behind your fee? Is it based on anything? Could it be just a little bit lower? And every time I answer all their questions as best I can. But the truth, attorney's fees are based a lot more on feel and the what the market will bear than anything else. That's why the Seattle Traffic Lawyer Blog is here, to explain this type of stuff.

What I mean is, there are Seattle traffic lawyers out there who are charging more than I am, and there are those that are charging less. What is the fair price? Well, if you are going on price alone then the attorney with cheapest fee would always be the best one. The problem with that, like in almost any other business, is that you often get what you pay for. And by that I mean the guy with the lowest fees, though not always, but often is the shadiest character and provides the least value for his clients.

For example, let's say we charge $250 to defend a Seattle speeding ticket, plus $50 for each additional violation. That $250 gets you a lot of things. From us, it will get you all the court appearances that are required to take care of your case. It will get you a contested hearing, if it comes to that, it will get our thorough analysis of your charges, and it will get our best effort to at least reduce the charges to a non-moving violation. That is a pretty good value, if you ask me.

But you may be able to pay $150 across the street for the guy to help you with your Seattle running a stop sign violation. But he isn't going to look over the ticket carefully. He may not even look at your file until your court date. He will try to talk the prosecutor into dismissal, but if that doesn't work he'll tell you how hard you tried but it looks like the judge is going to hold this one up. Sure you were represented, but did you get what you were looking for? The extra hundred bucks is for the additional value you receive from us in your Seattle traffic case.

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Seattle Traffic Lawyer | Reckless Driving

2009-07-16T09:44:00.000-07:00

Reckless driving in Seattle is a gross misdemeanor. This means you could face up to a year in prison and up to a $5,000 fine. Additionally, if found guilty or if you plead guilty to reckless driving, the court must suspend your driver's license for at least 30 days. This is definitely something you want a Seattle traffic lawyer for.

Reckless driving is defined in RCW 46.61.500 as driving a vehicle in willful or wanton disregard of for the safety of persons or property. But what does that mean?

As a Seattle traffic lawyer, I see people charged with reckless driving all the time. Sometimes it is because the person was driving like a maniac, but often it is because the police officer simply overcharged a speeding or improper lane change. It is much sexier to write a reckless driving traffic ticket than an improper lane change ticket, or even a negligent driving ticket. And fighting them is difficult because of the ambiguous language of the statute. In different people's eyes, very different types of conduct could be viewed as disregarding the safety of persons or property.

But, to give you an idea of what might get you charged with reckless driving, here are some things we've seen in our office:

Excessive speed;

Weaving through traffic;

Disregarding the safety of others;

Excessive speed in a school zone;

Drag racing;

Driving on the wrong side of the road;

Driving at night with no headlights;

Driving under the influence of alcohol (DUI);

Causing a traffic accident.

As you might imagine, there is a lot of room for argument and exposing the true facts surrounding the traffic infraction to beat a reckless driving charge. But to do that you need a good traffic attorney. Someone who understands the law and is willing to fight for you to keep something like this off your record (and help you keep your driver's license). Don't wait if you are cited with reckless driving, call a Seattle traffic attorney today.

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Another Way to Beat Your Seattle Traffic Ticket

2009-07-15T10:46:00.000-07:00

If you are like me, before I started life as a Seattle traffic lawyer, I always wondered how those traffic lawyers were able to get so many Seattle traffic tickets reduced or dismissed. Now that I've been doing this for a while, I've been able to learn some of the secrets. And you know what the number one secret is? There is no secret. Beating a Seattle traffic ticket isn't magic. It isn't some wink wink nod nod between the prosecutor and I. It's just good lawyering in a place it is not often expected.

For example, my Seattle Traffic Lawyer Blog post today is, in fact, about how to beat a Seattle traffic ticket, in particular how to beat a failure to stop at a stop sign ticket, otherwise known as running a stop sign. But there isn't any secret in what I say. It's just the law, and I am using the law to your benefit.

Let me set up a scenario for you. Let's say you are driving around in Seattle somewhere, somewhere you've not been recently. You are going to meet a friend for lunch or something at some new restaurant. As you are making your way to the restaurant, all of a sudden you see flashing lights behind you. You have no idea what happened or what you did, so you pull over. When the cop approaches you he asks you if he knows why you were stopped. Because you read this blog you know to never make an admission to a Seattle police officer, so you say you don't know (and you actually don't!). He says you ran a stop sign a block back. But you don't remember seeing a stop sign. He writes the ticket and you go back to investigate.

And that is when you see the stop sign, or piece of a stop sign that is covered by a huge bush. As you look you see there is no way that you could have known there was a stop sign there, and because you aren't from around here, you were completely unaware that a stop sign even existed there. Because you are smart, you snap a couple of pictures with your cell phone, making sure to get some identifying objects in the background so the intersection can be identified, and make a note of the date you took the picture so you will remember that it was the day you actually received the ticket.

So, how do you get this Seattle traffic ticket case dismissed? You have a criminal defense called "mistake of fact." A mistake of fact defense has three elements generally: (1) the mistake must be honest and reasonable; (2) the mistake must be about a matter of fact; and (3) the mistake must negate the culpability required to commit the crime or the existence of mental state which the statute prescribes with respect to an element of the offense. A review of these facts shows that a good Seattle traffic lawyer might be able to get this case dismissed for you without much trouble.

First, the mistake was honest and reasonable. You couldn't see the stop sign and aren't expected to stop at an intersection without some direction to stop. Second, the mistake was about a matter of fact. The stop sign was not visible from the street. It wasn't that you saw the sign and didn't think you had to stop because no other cars were coming (a mistake of law). And finally, the mistake negated the culpability required to commit the crime. Without knowledge of a stop sign at the intersection you couldn't form the intent to run the stop sign.

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Seattle Traffic Lawyer | When Can Cops Stop You?

2009-07-14T11:41:00.000-07:00

Believe it or not, a traffic stop is actually a seizure in the eyes of the law and the Constitution. This means that the Seattle police can only pull you over in your car if one of three things is present: (1) a warrant for your arrest - and they have to know who you are; (2) the officer's personal observation of a criminal or traffic offense; or (3) reasonable suspicion to believe that criminal activity has occurred. Without one of these three things present, the stop is illegal and everything that takes place after the stop is inadmissible in court.

If you are a Seattle traffic lawyer or someone that regularly enters the realm of criminal defense, you would see that the police are trying to whittle away at these rules all of the time. And the reason is obvious - if they have to have a reason to pull you over, it makes their job (which some police officer's see as citing people with violations no matter what the circumstances harder). And police officer's have been somewhat successful in their effort to break down your Constitutional rights.

One of the areas they've been successful is the utilization of Department of Licensing resources to target otherwise lawful driver's for driving cars whose registered owners have restricted or suspended driver's licenses. In a few cases, the court has decided that an officer may access the DOL records of a vehicle on the road, and if the registered owner of the vehicle has a suspended license or outstanding warrants, they may stop the vehicle to investigate. The only saving grace is, if the officer can plainly see that the driver does not match the vitals of the registered owner (height, weight, sex, eye color, hair color), they may not investigate further (they have to let you go and get back in their car and leave).

As a Seattle speeding ticket lawyer, this makes me a little nervous. It just creates one more way for the police to pull someone over and check them out. What the information doesn't say is that once they have you stopped (legally if the registered owner has problems) and they see anything else going on (alcohol on breath, for example), they may then continue that. Washington State doesn't allow pretextual stops, meaning the police aren't supposed to be able to pull you over for one thing because they really want to check something else out (DUI), but they do it all the time.

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Seattle Traffic Lawyer | Speeding Ticket? Hire Us

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Seattle Traffic Lawyer | We Can Beat Traffic Tickets

2009-07-13T10:53:00.000-07:00

I love seeing stories like the one I saw today in the Seattle Times. It just makes me chuckle. The story, if you you haven't read it, is headlined "Think You Can Beat a Speeding Ticket in Snohomish County?", like it's a dare to the Seattle traffic lawyer. And to the question I answer, yes, yes I do.

The great thing about the article is it makes it appear as though no Seattle traffic attorneys are used to dealing with prosecutors when defending their clients against speeding tickets. Just so you know, we are. It's just not our fault it has taken the government this long to realize the enormous disadvantage you've been putting yourself in by failing to have someone represent you.

And it is true that you might be winning more contested speeding ticket cases than you once were. I'd hope that is the case if you have an attorney working for you. That is kind of the point. But, just because you have someone working for you doesn't mean you'll win cases you shouldn't win anyway.

Some tickets, no matter what you do, can't be beat. Sometimes the officer does a good job, sometimes the defendant does a poor job of being quiet, and sometimes the law just isn't on our side. But that doesn't mean we won't continue to fight your Snohomish County traffic tickets and at least make your new traffic lawyer earn his money.

I'm not sure if the tone of the article is meant to be a warning to area traffic defense lawyers or not, but it sure sounds like it. I see it as a challenge. Now we are going to have to work even harder to earn our money and beat those traffic tickets.

Related Posts:

Seattle Traffic Lawyer | Another Way to Beat a Ticket

Seattle Traffic Lawyer | Subpoena the Officer?

Seattle Traffic Lawyer | Venue and Jurisdiction

2009-07-10T11:27:00.000-07:00

Getting a traffic ticket is not a very fun experience. Whether speeding, running a red light, running a stop sign (failing to stop), failing to yield, doing an illegal u-turn, or driving in the HOV lanes when you weren't supposed to, it isn't so much that you got a ticket, it's the hassle of having to deal with it. Well, that's why we're here, Seattle traffic lawyers, to help you fight your speeding ticket, and to take the hassle away from you of having to deal with your traffic citation.

Every once in a while I like to give you little helpful hints so you have a chance to fight your ticket on your own if you want (some people don't mind going to Seattle traffic court every once in a while). Today's lesson is on jurisdiction and venue. Jurisdiction is pretty simple as far as traffic tickets go. In most cases, the city courts have jurisdiction over all infractions charged as city ordinances. They don't have jurisdiction over cases charged as state traffic citations (if a state trooper pulls you over, for example). But an exception to this does exist. If you think you might be able to get your ticket dismissed because of improper jurisdiction, give us a call.

Venue is a bit of a different matter than jurisdiction. Venue is where the case should be heard, as opposed to jurisdiction, which has the power to enforce the laws. Venue problems may occur if you are pulled over at a city limit, for example. If the citation actually occurred in the Seattle city limits, for example, as opposed to the Bellevue city limits, and you are directed to the Bellevue courthouse to take care of your ticket, the court will dismiss your ticket for improper venue. To be honest, this doesn't occur often, but is one of the things we'll check out as your Seattle traffic lawyer.

Whatever happens, don't just pay your traffic ticket and move on. Not only are you throwing away money, but you could be impairing your driving record, increasing your insurance rate for years to come.

Related Posts:

Seattle Traffic Lawyer | Beating Your Ticket - Step 1

Seattle Traffic Lawyer | Beating Your Ticket - Step 2

Seattle Traffic Lawyer | The Best Way to Lose

2009-07-09T15:01:00.000-07:00

As a Seattle speeding ticket lawyer one of the problems I see from people all the time is a failure to properly take care of their ticket in a timely manner. Not doing so is a sure fire way to lose your Seattle traffic ticket case.

Under the Infraction Rules for Courts of Limited Jurisdiction, the rules that cover traffic citations, including speeding tickets, stop sign tickets, red light tickets, and illegal turn tickets, if you are issued a Seattle traffic ticket you are responsible for doing one of four things within 15 days of receiving your citation: (1) pleading guilty or no contest and paying the fine; (2) contesting that a traffic violation occurred and requesting a hearing; (3) requesting a hearing to explain mitigating circumstances (lower fine); and (4) submitting a written statement asking for mitigation or explaining why you are contesting the ticket. Doing none of these will get your Seattle driver's license suspended until it is taken care of.

But what should you do? And do you need to hire a Seattle traffic lawyer to help you? First, and I'm biased here a little because I do this for a living, you should always contest the case. You won't be fined any more or punished any more for doing so, and you might be able to talk your way out of the ticket.

Second, I'd consider hiring a traffic lawyer because they have the skills to increase the chances of you getting out of your ticket exponentially (you can also read the Seattle Traffic Lawyer Blog and see if you can pick anything up). If you are curious about our success rate, just come to traffic court someday and watch as the attorneys work. You will see time and time again that Seattle traffic cases that have attorneys are dismissed much more often than when no attorney is present. We know the weak points of traffic law and are able to exploit them a lot better than you are.

What shouldn't you do? You probably shouldn't really do anything except contest. If nothing else, you could just argue that the prosecution hasn't been able to prove their case (they don't have to prove it beyond a reasonable doubt but a lesser standard called preponderance of the evidence, but it is still their responsibility). And you also should make sure you send in your ticket within the 15 day period you have to respond - failing to do so ensures your automatic loss in the case.

Related Posts:

Seattle Traffic Lawyer | A Cop's Perspective

Seattle Traffic Lawyer | Reckless Driving

Why Hire a Seattle Speeding Ticket Lawyer?

2009-07-08T10:19:00.001-07:00

For many, traffic violations seem like pretty simple things to deal with. Were you speeding? Did you fail to stop completely at that stop sign? Did you fail to yield to another car? Did you drive in the HOV lane when you didn't have another person in your vehicle?

If the answer is yes, then technically you violated the law and should pay the fine. So why hire a Seattle traffic lawyer? You really only do it for two reasons:

(1) you don't want to pay the fine;

and/or (2) you want the ticket to affect your insurance rates in the future.

But attorneys cost money, so why not just do it yourself? Why should you hire a Seattle traffic lawyer?

The answer is simple and complex at the same time. The simple answer is we get proven results. The complex answer involves several different factors that I'll discuss below.

The first reason to hire a speeding ticket lawyer to take care of that speeding ticket is because of the cost to you for taking care of it, assuming you want to contest it. Imagine all of your time is worth a certain sum of money.

For example, for me to waste an hour on something it would usually have to benefit me to the tune of about $200. This is why I don't do my own technology work on my own, my own plumbing, or even change my own oil. I am willing to pay someone to perform a service that for me would take infinitely longer and I'd have a much better chance of messing up.

The same is true of Seattle traffic tickets. If you contest your ticket it is going to take at least an hour of court time, and maybe more than one appearance. And that doesn't count the commute, the time to prepare your speeding ticket for argument, or the way to craft your argument. Our fee for a traffic ticket is $250, but in addition to the work we do on the speeding ticket, it also saves you the time of having to deal with it.

Second, hiring a lawyer helps because, although you may believe we chose traffic tickets because we are bad lawyers, we are usually really really good at traffic law. This includes the rules of evidence, Constitutional law, and procedural rules dealing with traffic that can greatly affect the outcome of your speeding ticket case. And in the end, we are not concerned with your guilt or innocence, we are concerned with getting you the results you want and we expect to deliver. Our legal knowledge and training can go a long way toward reaching that goal for you.

Third, hiring a speeding ticket lawyer helps because we have the experience to know the angle to work your case from. In most instances, we've dealt with a situation like yours before and have an idea of the arguments that work and won't work.

For example, you will rarely ever see a traffic ticket attorney present the "I had somewhere to be quickly" or the "flow of traffic" defense, because they usually don't work. You will also see a traffic ticket lawyer focus not on the cops credibility (which just does not work) but his actual observations and whether or not we can keep out the evidence he wants to rely on in making his judgments.

Fourth, and finally, we have relationships with the prosecutor and judges that help your case. Now, before I go any further, I am not saying that I can fix your case because I know these people - that is not the case. What I am saying is that over time we've built up credibility with those across the aisle and the judges, so they may give us the benefit of the doubt in a situation where the decision could go either way. Prosecutors are also more willing to talk to us because we can speak the language of lawyer and more easily present our defense.

So, the next time you get that traffic ticket and are thinking about taking care of it yourself, think about the time you could save, the money you could probably save (on a lower fine or reduced insurance costs over time), and the expertise that traffic ticket attorneys bring to the table. When you are done thinking, and done reading the Seattle Traffic Lawyer Blog, call us.

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Seattle Traffic Lawyer | Beating Your Ticket Step 1

Seattle Traffic Lawyer | Beating Your Ticket Step 2

Seattle Traffic Lawyer | Just Say No to Searches

2009-07-07T13:34:00.000-07:00

Many times the worst thing that happens from getting a traffic ticket isn't the ticket itself - it's not too terribly difficult to take care of a speeding ticket, after all. No, where the real damage comes into play is when you allow the cops to go farther than they should and you wind up with a much bigger problem on your hands. At that time even a great Seattle traffic lawyer would have a hard time getting the charges dismissed or reduced. You'd need a full fledged Seattle criminal attorney for that (thank goodness we can help you with that too).

An example is the easiest way to show you what I'm talking about. Let's say you are tooling around in Bellevue, minding your own business. You are a recreational marijuana smoker, and just picked up an ounce for your own personal use and were on your way home. That's when you notice the lights flashing in your rear view mirror. The police pull you over and get your driving information. Once that is done they tell you that you missed a stop sign back a few blocks and they are going to let that go. Oh, but do you mind if they search your vehicle real quick just to make sure there isn't any funny business going on?

This is the place where you, as calmly as possible, decline to allow the police to search your vehicle. You do, after all, have an ounce of marijuana in the car, and if they find it, they are not going to look the other way like they did with the stop sign violation. And, by the way, even if you didn't have anything in the car I'd refuse to let them search. You know why? It's none of their business what's in my car. I have the Constitutional right to refuse to allow them to search and make them get a warrant.

Now, as a Seattle traffic attorney I know that if you refuse they are going to use all their might to guilt you into letting them look in your car. "Are you afraid we'll find something?" "It will only take a second." "If you don't have anything in there that is illegal then it shouldn't be a problem." At this point the best response is "am I free to go. Because if I'm not then I'd like to speak to an attorney." They won't necessarily like that, but it will get their attention.

Don't let your next speeding ticket Seattle blow up into something much bigger. Learn about your Constitutional right to be free from illegal searches and don't let the police search your vehicle just because they ask.

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Don't Try to Talk Your Way Out of a Seattle Speeding Ticket

2009-07-06T15:15:00.000-07:00

Whenever anyone finds out I'm a Seattle traffic lawyer, they always want to know one thing, how do I beat speeding tickets? That is such a loaded question that the answer is never satisfying.

There are many different ways to beat a speeding ticket, all of which might apply to your case or none of which might apply to your case, depending on how your car speed was determined and what happened after you were pulled over. One thing I do always tell my friends is, you can't hope to talk your way out of a speeding ticket.

I know, I know, you've heard countless stories of people who tell you the dramatic story they told the police that got them out of their Seattle speeding ticket. Or the way the sweet talked the officer into letting them out of their speeding ticket.

But the fact of the matter is, in the end, the officer probably decided he was going to let you go the minute he first met you, and you really had nothing to do with it. What I see all the time though is that tactic backfiring and really hurting your chances of beating a speeding ticket.

The backfire occurs in one primary way, you have just cashed in your own guilty verdict by talking to the police officer. Assuming he does write you a speeding ticket, when he gets back into his car he is going to write down a bunch of notes about what happened during your meeting.

Police officers issue thousands of traffic tickets every year, and the only way they can remember what happened in your particular instance is by the notes they write on the back. And if you admit you were speeding, or that you ran the red light, or that you failed to yield, you can bet he is going to take note of that and bring it up at your contested speeding ticket hearing.

So, what should you do to have a chance of beating your speeding ticket and giving your Seattle speeding ticket lawyer a chance at convincing the judge or prosecutor to dismiss your case? First, of course, read the Seattle traffic lawyer blog. Second, call me when you get your ticket. But before that, be courteous, say as little as possible, and don't admit to anything.

The greatest thing that can happen for your case is the officer gets back to his car and has very little to write down on his ticket about you. The less he remembers the better. And the less statements you've made against yourself the easier defending that speeding ticket will be.

So, the next time you get pulled over in Seattle for speeding, fight the urge to plead your case and give an excuse for your conduct. Instead play dumb, don't admit to anything (and don't lie to the police - that looks even worse), and call your speeding ticket attorney as quickly as possible.

Related Posts:

Seattle Traffic Lawyer | Subpoena the Cop?

Seattle Traffic Lawyer | Don't Admit You Were Speeding

Seattle Traffic Lawyer | Cell Phone Law Ineffective

2009-06-30T15:20:00.000-07:00

In shocking news (hopefully the sarcasm oozes through the computer screen and onto you), Washington State Troopers today have admitted the law prohibiting motorists from talking on their cell phones while driving is largely being ignored. The law, signed into law last year, makes it a Seattle traffic ticket to use a cell phone while driving, unless a hands free device is being used. Well, duh.

What makes the law useless is that it is a secondary offense. This means that unless the police pull you over for something else (speeding, inattentive driving, failing to yield, etc.) they cannot cite you for the cell phone law (allegedly - ask any Seattle traffic lawyer and they'll tell you they see these tickets all the time). In reality it makes this law nonexistent. That is reflected in the traffic citation numbers. For example, in Olympia, although 300,000 speeding tickets were issued, only 1600, or .005% of speeding stops, resulted in a cell phone traffic ticket.

The lesson here is to know what your secondary traffic violations are. If you are cited for a secondary traffic violation and nothing else, that is a great circumstance for a Seattle traffic lawyer to help you beat that ticket. Hopefully they don't wise up and stop creating these meaningless secondary citations.

Related Posts:

Seattle Traffic Lawyer | Reckless Driving

Seattle Traffic Lawyer | Overview

Welcome to the Seattle Traffic Lawyer Blog

2009-06-29T11:37:00.000-07:00

Welcome to the Seattle Traffic Lawyer Blog. You've heard of us. It seems like we have mysterious powers. We walk into court every day and get speeding tickets, stop sign tickets, and every other kind of ticket dismissed outright.Want to know our secrets? Want to understand the magic behind what we do? Well, pay attention, because a Seattle traffic lawyer is going to explain at least some of it to you (we've got to keep some secrets behind the curtain, don't we)?