Seattle Traffic Lawyer | Seattle Traffic Attorney

I Contested My Seattle Speeding Ticket - Should I Subpoena the Officer?

2009-09-07T17:31:00.001-07:00

Getting a Seattle speeding ticket sucks. It feels unfair because you know how many other people were out there speeding that day that didn't get tickets, and you know that at the speed you were driving you were not creating a danger to yourself or others, so it feels a little unnecessary to receive a speeding ticket.

So you decided to fight your Seattle speeding ticket to see if you could get off without paying anything. Only, now that your court date is looming, you aren't sure what to do to fight it. You think you know what the cop is going to say, and you know what the report says, so you aren't sure whether or not to subpoena the officer.

First things first, if you don't know what you're doing, you should go out and hire yourself a good Seattle speeding ticket attorney. Not only do they know exactly what they are doing, including whether or not to subpoena the Seattle traffic cop that wrote you the ticket, they know about a lot of other tips and tricks that may be able to get your ticket dismissed without ever even needed to get to deciding whether or not to subpoena the cop.

If you decide not to go with a Seattle speeding ticket lawyer, you should still know a couple of things about subpoenaing the police officer who gave you your speeding ticket. First, the old rule about getting the cop to court in hopes he doesn't show up and you get your ticket dismissed, while still accurate, happens less often than one might think. For example, in Seattle, if you subpoena the cop to your hearing, it is set on a special day for police officers to appear. So, chances are your Seattle speeding ticket is going to be a full on contested hearing, with the cop present.

Second, don't call the cop to testify expecting to get him to change his story and admit that you weren't the car he was thinking of or that you weren't actually speeding, you are sadly mistaken. For one thing, the cop probably doesn't even remember your specific traffic ticket. All he remembers is that he signed the police report he wrote about your ticket and wrote that report, so what is in it must be true. That means he is going to stick to that report no matter what. Which means you have to use that report to show that what he wrote couldn't have happened or shouldn't have happened.

In the end, whether you decide to subpoena the officer or not is a critical question to ask. It could mean the difference between getting your Seattle speeding ticket dismissed and having to pay a fine for a committed finding of Seattle speeding.

I Got Another Seattle Speeding Ticket Dismissed Today

2009-08-27T16:03:00.000-07:00

Sometimes getting Seattle speeding tickets dismissed for people is just too easy. It happened again today. Went into court, flashed the judge a smile, and bam, dismissed. Okay, so it didn't happen exactly like that. I had to use my attorney brain and make an official motion to dismiss. But the judge had no choice but to dismiss this Seattle speeding ticket. It wasn't a matter of her believing my witness over the cop or anything like that. So, how did I do it? Let me explain just a little bit.

The Seattle traffic courts, like any other courts in Seattle, have rules of procedure to follow. Whenever a radar, otherwise known as a speed measuring device, otherwise known as SMD, is used, there are certain protocol that have to be followed (in addition to the protocol for the use of the SMD itself) to get the SMD information admitted into evidence. If that information is filed incorrectly, is not filed at all, or is not compliant with the rules, then the case is dismissed, end of story.

In my case, I checked out the SMD certification, found out it wasn't on file with the court, and bam, case dismissed. Not too bad for a lowly Seattle speeding ticket lawyer huh? And, the client didn't have to pay the fine, didn't have to pay court costs, and now doesn't have to pay the increased insurance premiums. Sounds like a win for everyone huh?

And, by the way, I heard a lot of other cases while I was waiting for mine to be called. Two were deferred, but the other three were dismissed or found to be non-committed? Want to hear what they were? Here you go.

This first was a guy who was cited for driving into a do not enter zone around the campus of the University of Washington. Only one problem, though, the sign that says do not enter doesn't exist. It says something like no stopping, etc. The guy didn't have a traffic attorney from Seattle with him, he was on his own, but he brought pictures, a map, and some other stuff, and the judge dismissed the ticket.

The next case was a situation where a guy was given a Seattle traffic ticket for turning left on a red. Only problem was that turning left on red at this particular intersection is nearly impossible. The guy was turning right, not left! The judge was familiar with the intersection and after reading the police report believed that the guy turned right and not left. Found not committed by the judge (basically not guilty, versus dismissed for being defective).

And one other thing before I go much farther, just for your information. In this court (like many traffic courts around the Seattle area) there is no prosecutor in the room for these type of hearings. It is only the judge. All she does is read the statement of the traffic officer (if he is not subpoenaed) and makes a decision based on what she's read and what the driver says. In this case the judge seemed to be pretty fair. She listened and made rulings that made sense.

The last guy that got his ticket dismissed took a much more Seattle speeding ticket attorney point of view of the whole thing. First, he moved to dismiss the ticket because the officer didn't state in his report that the vehicle was being operated at the time the traffic infraction was issued. This was a ticket for obstructed view of license plate. I could tell the judge was intrigued by his motion to dismiss for lack of evidence of one of the elements of the crime. Second, he argued that he was in fact in compliance with the statute, although in a roundabout sort of way. I think in the end she believed what he had to say, so she dismissed his traffic ticket as well!

Bottom line? Like I always say, contest your Seattle speeding tickets and Seattle traffic tickets. Even if you don't hire a speeding ticket attorney to help you, at least take a minute to read your case, think about the officer's report, and see if you can find any holes.

Contested Seattle Traffic Ticket Hearing Procedures Explained

2009-08-18T16:20:00.000-07:00

Getting a Seattle speeding ticket sucks. If you were going under 75 miles per hour, you were just the unlucky one that got popped by the Seattle officer out there sitting in the speed trap. Every day I drive I see people passing me going way over the speed limit (of course I never speed!), and only rarely do I see anyone getting in trouble. So, getting that Seattle speeding ticket feels like a slap in the face, particularly if you were going anywhere near 70, which seems to be the true flow of traffic speed for Seattle highway traffic (although this is not a defense to a traffic ticket - don't try to use it).

Now that you've gotten the speeding ticket, you probably aren't very sure what to do. At least you are doing one thing right by researching your options (at least that is why I am assuming you are here - if you just have a morbid curiosity for Seattle traffic law, more power to you) to figure out what you can and can't do. And I'll be that until you got here (and maybe even after you leave here) you had no idea what you were going to do to get your Seattle traffic ticket dismissed, or how you were going to do it.

Well, today is your lucky day, because I'm going to explain a little bit about contested hearing procedure. But, before I do that, I guess I should back up and explain how you get to the contested hearing (because I am a Seattle traffic lawyer and do this all the time I tend to gloss over things I take for granted every day, like how you get a contested hearing in a Seattle speeding ticket case). When you receive your Seattle speeding infraction you will see on the ticket that there are three boxes to choose what you want to do: (1) plead to the ticket and pay the fine; (2) plead to the ticket and ask for the fine to be lowered at a mitigation hearing; and (3) contest the ticket at a contested hearing. I would suggest that you always check box three and ask for the contested hearing. Your fine won't go up because of it, and all you'll be out is a little bit of time if you lose.

Once you check the third box and ask for the contested hearing, the court will assign you a court date. Before you get there you should think a little bit about what you are going to do to try to get out of the ticket (check for Seattle traffic ticket procedural errors and Seattle traffic ticket substantive errors), whether or not you want to subpoena the officer, and what kind of questions you are going to ask if you do decide to subpoena the officer.

The Seattle traffic ticket contested hearing itself is governed by what is called the infraction rules of limited jurisdiction, IRLJ for short. IRLJ 3.3 covers the procedures at contested traffic infraction hearings. And it is pretty straight forward.

First, the hearing is on the record. That means the testimony will be recorded and any evidence will be admitted and preserved. This is important if you decide you want to appeal your case up to the District Court, even though they hear the case as if the traffic court hearing never happened (called de novo). You can use that transcript to see what you did wrong and right and get better for the next time, if you should decide you want to appeal.

Second, you may be represented by a Seattle traffic lawyer. This representation is not guaranteed, which means if you want a Seattle traffic attorney there you have to pay for them yourself. This is so because traffic infractions don't include any jail time - only money. Because your liberty is not at stake, you aren't entitled to legal representation like you would be at a criminal hearing. And one always wonders whether or not it is wise to hire a Seattle traffic lawyer, because the cost often outweighs the cost of the fine. But, if you hire a traffic attorney, there are some benefits: (1) you don't have to go to court; (2) you have someone working on your side that knows what they are doing;(3) you have a much higher likelihood of getting the Seattle traffic ticket dismissed outright; and (4) you have a much higher chance of keeping your insurance rates low.

Third, the rules of evidence apply. This means the prosecution must offer evidence into the record, hearsay isn't allowed, and there is some legal maneuvering to be made if you know what you are doing. This is just another reason to hire a Seattle traffic attorney to help you out.

Fourth, the prosecution is required to prove that the traffic infraction happened beyond a preponderance of the evidence. This is a lower standard than in a Seattle criminal case, and basically means the facts generally have to weigh more in favor of the prosecution than the defendant. This is why a he said she said battle with the officer is almost never successful. The judge gives the cop the benefit of the doubt, a preponderance of evidence has been met, and you owe a traffic infraction fine. If there is not enough evidence (which is often a way your Seattle traffic lawyer "cheats" the system) then the case is dismissed.

Finally, if the court determines that you have committed a Seattle traffic infraction, it will assess a monetary penalty. That penalty may not be more than the penalty as written in the statute, but it may be less. This is why it is important to ask the judge to lower the fine even if you lose the case. Your request may fall on helpful ears and your fine may be lowered. The court can also impose community service in lieu of a fine if you are strapped for cash. Finally, the court may hold jurisdiction over your case for up to a year (usually to allow time to make payments).

Navigating the world that is Seattle traffic law is not easy, but it isn't rocket science. The advantage I hold over you, the average citizen, is I work with traffic tickets every day. My first exposure to the court room happened years ago, and I know where to look to find the information that can get your Seattle traffic ticket dismissed. So, before you go to your contested Seattle traffic ticket hearing, consider hiring a Seattle traffic lawyer. But if you don't continue reading, and good luck.

Seattle Speeding is an Absolute Infraction

2009-07-31T16:32:00.000-07:00

If you saw the title of this post, you probably have no idea what this article is going to be about. And that is okay. Because you are reading now. And because you are reading, you are increasing the chances significantly that you can beat your next Seattle traffic ticket. Why? Because you will not contest your ticket and go into court thinking you can sweet talk your way out of it or that by admitting that you were going five miles per hour over but not 10 that everything will be okay.

Speeding is an absolute defense in Washington State. That means if you are going even one mile over the speed limit you could potentially be cited with a Seattle speeding ticket. Whether or not that ticket goes onto your insurance is up to your insurance company. They probably have rules related to the speeds at which tickets count against your insurance rates (just think if someone got 5 speeding tickets for going one mile an hour over - that isn't that fair is it?). The higher you are over the speed limit, obviously the more it affects your insurance (and the higher the fine).

So, why don't the cops always give out Seattle speeding tickets no matter how little over the speed limit you are? For the most part, it's because they know the speeds at which you are driving aren't dangerous for the conditions. That's why that magic number of 10 miles per hour over seems to exist. At about that point I think officer's begin to question the safety of the driver and the cars around them, and that is why they start issuing tickets at that point. Cops also don't do it because it doesn't really go along with the point of the law. It is impossible to keep your car at a constant rate of speed. Sometimes you'll be going a little faster than the limit, sometimes slower. Police officers realize that, and don't want to get in the way of that.

How does this relate to contesting your speeding ticket? In court, the judge doesn't care why you were speeding or how far off the officer was with his number about your excessive speed. In the end speeding is speeding as far as he is concerned. If you admit to him that you were speeding, he will, most likely, find you have committed the infraction of speeding and make you pay the fine.

This is important to remember when contesting a speeding ticket. If you know you were speeding don't lie, but you don't have to admit (necessarily) that you knew you were speeding. I would recommend not testifying if you were speeding, because that is a question the judge will ask, and a statement he will expect to hear from you (if you were speeding or not).

If you want to have the best chance to beat a Seattle traffic ticket, though, you need a Seattle traffic lawyer. We can't guarantee victory, but we can promise to work hard to fight your case and give our best effort to beat your Seattle traffic ticket. Call us today to find out more.

You Can't Talk Your Way Out of a Seattle Traffic Ticket or DUI so Don't Try

2009-07-20T14:49:00.001-07:00

Some of the worst results are fraught with good intentions. So goes for trying to talk your way out of a Seattle traffic ticket. It sounds great when it is going down, but when you finally realize the damage that had been done, you wish you would have just shut your mouth and taken your lumps.

The situation usually goes something like this - you are driving around, maybe after a day out on the boat, maybe after a round of golf, and you've had a few drinks. You don't feel drunk, but you know you've put some beers down over the course of a day. When the cop pulls you over, you feel a little nervous and aren't sure what to do, but, because you are macho, and because you've heard other people say they'd done it before, you try to talk your way out of the ticket. From what you remember it goes something like this"

Sure, officer, I had a couple of drinks. But I know my limits. I wouldn't dare get out on the road if I was too drunk to drive. What had I been doing all day? I was out on the boat with some buddies. We were listening to some old time rock and roll, staring at the ladies, you know what I'm talking about. I'm swaying a little? That's just because of this bum knee I have (you don't have a bum knee). Officer, let me ask you a question, what do we have to do to take care of this situation? Can I just leave the car? Can I call a ride? What can we do here to make this work? Field sobriety tests? Sure, but if I pass do you promise to let me go? Sounds great, lets do it.

And then you are getting hauled down to the station and charged with Seattle DUI. Why? Because the officer is not your friend. He has heard the same speech you've given dozens of times, all by drunk people. And he loves you talking because it gives him more and more information to use against you later (and trust me, he will use it all).

Let's just gather what you've done in your little conversation with the police (making this a difficult, though all too common, Seattle traffic infraction case for an attorney):
1. Admitted to the police that you were out drinking.
2. Admitted to the police that you were out on a boat all day drinking.
3. Admitted to being too drunk to drive (that is how the police will interpret your request to call someone).
4. Lied to the officer (about your knee).
5. Failed field sobriety tests.

So what should you do? First, shut up. Tell the cop "my lawyer told me not to answer that question" and say it to every question except "Can I see your license and registration" (yes you can), "will you take field sobriety tests?" (no), "will you take a portable breath test?" (no), and "will you take a field sobriety test?" (I need to talk with my attorney first). Second, don't take field sobriety tests. And third, call a Seattle traffic lawyer before you decide to do anything.

If you do these things, not only will your Seattle lawyer love you, but you will have significantly increased your chances of beating your DUI, or at last getting it significantly reduced. The key here is as little information for the officer as possible. Don't think you can talk your way out of a Seattle speeding ticket. Be courteous, but be quiet. He is either going to let you go or he isn't. But your talking is not going to help your case.

Don't Forget to Appeal Your Seattle DUI Driver's License Suspension

2009-07-12T18:10:00.000-07:00

So, the worst has happened. After driving home from that after hours last night you were stopped and cited for Seattle DUI. You have been directed to appear in Seattle municipal court in 8 days, and your drivers license has been suspended for 90 days.

Although you know you need to hire a Seattle traffic attorney to help you out, you are a little bit scared to call. It's not that you don't have the money (although you aren't excited about parting with it). It's just that maybe it isn't real until you actually have to call a Seattle traffic lawyer to use their services.

But don't wait too long, or you may miss out on one significant punishment of a DUI citation - the Department of Licensing suspension. As you well know, when you are cited with DUI in Seattle, assuming you blew over .08 on the breathalyzer (or refused the breathalyzer) the officer punched a hole in your license, read you a bunch of stuff off a piece of paper, and gave you a piece of paper to take home with you. It is important to understand that from that date you only have 20 days to appeal your license suspension or it is automatically suspended for 90 days - that is whether or not you win or lose your DUI license suspension.

If you didn't know, the State Legislature, caving under pressure from interest groups like SADD and MADD, has created significant penalties for Seattle DUIs (and Washington DUIs in general) that are both criminal and civil in nature. The license suspension is part of the civil nature of the penalties. Because it is civil in nature (your life or liberty is not affected), you are not entitled to the Constitutional protections that you are for your Seattle DUI case.

But, you do have the opportunity to appeal the license suspension if you file a request for appeal within 20 days of the suspension of your license. The appeal allows you to present a case to a Department of Licensing official who will determine if you were treated correctly and if your license should be suspended or not. The appeal costs $200, which is a small price to pay for the renewal of your license.

At the hearing, you have four possible avenues to defeat the license suspension: (1) probable cause to stop; (2) probable cause to arrest; (3) improper notice of the implied consent rules; and (4) improper administration of the breathalyzer test. If any one of these issues have problems, the licensing official will dismiss you license suspension, and you get to keep your license with no penalty. But if you forget to appeal or fail to appeal, your license will be suspended for sure.

Fight your license suspension like you should fight your DUI, with a Seattle traffic attorney. You need someone on your side that won't be immediately shopping for a plea, that will utilize the facts of your case to present the best defense possible, and that will first look for ways to beat your Seattle DUI instead of immediately looking for a plea.

Seattle DUI and Breath Test Submission After Two Hours Have Passed

2009-06-07T21:06:00.001-07:00

It's funny how despite everyone's best efforts things usually have a way of getting messed up if they can. Sometimes it can mean bad luck for you. Other times it can mean great luck. Take for instance the breath test in a Seattle, Washington DUI case. The statute reads that in order to be convicted of drunk driving, and in order for your license to be suspended by the department of licensing, the Seattle police must be able to show that within two hours of driving you registered an alcohol concentration of .08 or more.

What happens, then, when for some strange reason your breath test isn't taken within that two hour period? It is an interesting situation, and it comes up more often than you would think (which to say it isn't that often, but often enough that I, a Seattle traffic lawyer, have heard about circumstances like this happening twice in the last two weeks). For example, in one instance, a person was pulled over and arrested for DUI. They took him to a police station to take a breath test that was pretty far away from the arrest, eating up a bunch of time, and when they got there, the breath test machine registered failure time and time again, despite this person's compliance with directions. So they took this person to another police station where he was finally able to take a breath test - only it was three hours after he'd last driven a vehicle.

Can the Seattle police even get this evidence in, since it happened outside the two hour window? The answer is yes. Through a method called retrograde extrapolation (which any good Seattle traffic lawyer should have heard of before) they can attempt to show that by tracking the loss of alcohol in the system over time a defendant's alcohol concentration was at least .08 at the time of driving. The only problem is, it is extremely hard to do and requires expert testimony.

It is so hard to do because it is impossible to know if your alcohol concentration was going up at the time of arrest or was already beginning to go down. For example, let's say you were driving around in Seattle after just having stopped by the bar and slammed two beers. You are pulled over ten minutes after drinking the beers - you smell of alcohol (and no matter what the police officer is going to see watery bloodshot eyes) and arrests you for DUI. At that point it is likely that not enough alcohol has entered your system to make you drunk. But an hour later it is likely that you would register a reading over .08. This makes it extrapolation very difficult (and breath tests very cumbersome as a means of determining driving under the influence).

If your breath test is taken outside of the two hour window there is at least some hope that you will be able to beat the licensing hearing and get to keep your license (although the possibility of losing it if convicted of DUI still exists). Often at the licensing hearing the officer will not have the power and the hearing officer will not know the facts enough to make sure an expert is present to extrapolate the breath test results back to within two hours of the time of driving. This is important, as without that information, it is nearly impossible for the licensing hearing officer to make a finding that you were driving under the influence under the rules they have to work by, getting your administrative case dismissed.

Summary of DUI Law in Seattle

2009-04-14T16:33:00.000-07:00

If you are in need of a DUI Lawyer, you are probably suspected of having committed a violation of at least one law. I figured that since you are accused of something, you might as well know what the law is. Today I'm going to discuss Driving Under the Influence as defined in the Revised Code of Washington section 46.61.502.

In layman's terms, driving under the influence, or DUI, occurs when consumes so much alcohol or uses so much drugs that it impairs their ability to properly operate a vehicle. As I'm sure you know, the amount of alcohol in your system is often measured by a breathalyzer test, and a measurement of .08 or greater presumes (accepts without question) that you are over the limit of alcohol consumption a safe driver can have. But, the statutes have even more than that.

There are actually three ways a person may be guilty of driving under the influence in Bothell according to RCW 46.61.502: if a person while driving a vehicle in the State of Washington: (1) has, within two hours of driving, a blood alcohol concentration of .08 or higher as shown by an analysis of the person's blood or breath made under RCW 46.61.506 (this statute discusses all the rules of breathalyzer tests, blood tests, and refusing breathalyzer and blood tests - we'll talk all about this another time); (2) While the person is under the influence of or affected by intoxicating liquor or any drug; or (3) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

What does this paragraph mean? Well, a couple of things. The first thing it means is that the police don't necessarily need a breathalyzer to tell if you are driving under the influence. If, for example, a Seattle, Bellevue, or Kirkland cop pulls you over and after speaking with you and running tests believes you are driving under the influence he can arrest you and then charge you even if your breath test comes back under .08. The police can use their "training and experience" to form an opinion as to your sobriety (those are the kinds of cases DUI lawyers love to defend). The second thing is that DUI is not limited to just alcohol. You can be arrested for drugs too (even prescription drugs, by the way).

Which brings us to section 2 of RCW 46.61.502: the fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section. This means that just because you were prescribed Valium doesn't mean you can use that as a defense if you were driving after just having taken some. Voluntary intoxication is not a defense.

On to section 3: it is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense. Wow, that's a mouthful.

What they are saying in this case is that if, for example, you are driving in Bothell, commit some driving violation, and the police are looking for you, and while they are looking for you (at your home in Kirkland, for example), you get drunk, you can use that as a defense to drunk driving if you are charged with it. There are only two rules to this defense, though. First, you, the defendant, must prove that it was more likely than not that your drinking after driving is what caused you to blow above .08, and second, that you have to notify the court and the prosecutor of this before they have the omnibus hearing (a hearing where evidence is presented and motions are argued at the beginning stages of criminal proceedings). The law just recognizes that sometimes people drink after they are done driving.

Section 4 was put in there as a last resort in case the police mess up with your original breathalyzer test. It states that breath or blood samples collected after the 2 hour time limit to take the tests has passed may be used to show you were drunk within the two hour time frame after the incident, or that at least you had been drinking for the non-breathalyzer portions of the Bothell DUI laws. Does it sound a little shady, that the state or city prosecutor could use stale evidence to prove you committed a crime? That's because it is.

Section 5 says that a Washington state DUI is a gross misdemeanor unless section 6 applies. Section 6 says a DUI is a class C felony if: (1) you have four or more prior DUIs in the last 10 years; (2) the person has been previously convicted of: (a) vehicular homicide while DUI; (b) vehicular assault while DUI; or (c) and out of state offense compared to (a) or (b).

That is it for your basic DUI law. If only it were that simple. Stay tuned for more Bothell DUI information.