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Discussion Starter · #1 ·
Need help for my traffic ticket
I got cited for unsafe lane change. The statute code is rcw 46.61.305. in washington. I was innocent i signaled, looked at my blindspot and cut over slowly. i did this 2 times and everytime i was safe.

The cop stops me and says i didn't signal, i told the officer i did and than he goes to his car and come back with a ticket for violation "unsafe lane change" statue code rcw 46.61.305

Now i searched on this statute and this is what i found.
RCW 46.61.305
When signals required -- Improper use prohibited.
(1) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.


Tye, Ray, Dan, Derrek if i need some witnesses or written testimonies I need your help.

I have thought about ways to defend myself by...
1. I did signal because i was in front leading the group and when i lead i always signal.
2. The lane change was made safe, i flashed my blinkers, looked at my blind spot and had more than enough room to make the lane change. Here are the testimonies from my friends that were driving wiht me.
3. I am a good student and i have a good record.

any more ideas will help thank you

Lastly, this statue 46.61.305 talks about when signals are required!!! and he gave me a violation for unsafe lane change with that statue code of rcw 46.61.305!!!!
 

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you're screwed:flipoff:

J/K....I'd speak with an attorney if this is a big deal in your area $$$.
If not, pay it and move on....Just chalk it up to John D. Law being in a bad mood.
Cost of doing business on our highways sometimes.
I reconcile it by saying...Hey, there were a million times I didn't get caught...the law of averages is just balancing the universe today :thumbup: :thumbup: :thumbup:

Jon
 

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Id go with the 3rd and get a offical copy of your driving record it will help a little bit also file a discovery motion with the clerk before your case and you should be a little better off but thats a tough ticket to fight
 

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I don't know too much about Washington law, and how much it varies from California law. However, a clean driving record may not get the ticket expunged, it may just aid in a reduced fine. In a situation like this, where it's generally your word vs the law enforcement officer, the favor is on his side. However, I'd fight it!! Take your driving record, but it will depend on the judge. If the cop doesn't show up to the hearing (after you plead not guilty), there is a good chance your case will get dropped, and you won't have to pay for the ticket, nor will it go on your record. If he shows, again, it depends on the judge. Also, if you know the law on what you were cited, you might "impress" the judge enough to let it go. I dunno though, it's kinda hard to fight this one.
 

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Discussion Starter · #5 ·
We need a laywer on this board :D , it is my word against his but i have witnesses. my friends and i were caravaning down to portland from washington. I called the courthouse to see if my ticket was filled, so far there is no record of it. i asked the lady working when it might be expected to be in and she said in a week because they have gobs and gobs of tickets. i'm crossing my fingers and hopeing it doens't get filed till a week. This way i can use the 48 hour rule to dismiss my case.
 

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As for California law, a traffic infraction doesn't constitute having a public defender appointed, only misdemeanors and felonies. The cost of the infraction is not worth the price you'd pay to get a lawyer. Your best bet in this case is having faith that you'd get a lienient judge. As for the 48 hour rule, what exactly is that? I've never heard of that in California. As far as I know there is no statute of limitations on traffic citations that limits it to a 48 hour filing time. It often takes up to 30 days for a traffic citation to be filed w/ the courts.
 

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Discussion Starter · #7 ·
another defense, since the officer wrote me a ticket for unsafe lane change rcw 46.61.305 which is for When signals required -- Improper use prohibited. the violation does not coordinate with the violation of unsafe lane change. the statue code i think should actually be

RCW 46.61.140
Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.

(3) Official traffic-control devices may be erected directing slow moving or other specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.

(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.


so... since the officer cited the wrong statue for teh wrong violation, which i was innocent for is that a defense?

In washington there is a 48 hour rule, which is
"In WASHINGTON a police officer has 48 hours to turn in his Infractions to the court. (They are date/time stamped.) Failure to turn in the ticket in 48 hours yields a dismissal for a 48 hour rule violation. "
 

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I got you covered Tommy, let me know if you need my testimony :thumbup:
 

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If you go to court & plead not guilty, although you know you are.. but you are just hoping that the cop did not show up.. then what do you say when the judge wants you to state your case?

If you try to go to fight it in hopes that the cop doesnt show, but he does, can you get a bigger fine for trying to get off the hook?
 

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Delirium said:
If you go to court & plead not guilty, although you know you are.. but you are just hoping that the cop did not show up.. then what do you say when the judge wants you to state your case?

If you try to go to fight it in hopes that the cop doesnt show, but he does, can you get a bigger fine for trying to get off the hook?
No, you can't get in more trouble "theoretically" for trying to get out of a ticket. Now, this is all dependent on the severity in which you try to avoid the fine....such as a blatant lie like "the cop smacked me...etc etc"! That was far fetched, but you get my point. I would assume....or "hope" that the person who tries to get out of a ticket knowing he/she is guilty would have a story thought up "just in case" the officer does show. It would only be the logical thing to do.

Tommyboy: With California law, it is very important that the officer not make any mistakes on a citation w/o correcting it. For instance, the correct date, or the correct offense, etc. Cases are won on technicalities alone. If in fact he cited you for the wrong thing, the case "should" be dismissed! And also, in municipal "limited jurisdiction" courts, I don't think a witness will help you any, as they usually don't have a witness stand. Witnesses usually only take affect in criminal cases, and yours isn't a criminal case. They only handle small traffic infractions or misdemeanors.
 

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So telling the judge that you were hoping that the cop would not show up is not a good one huh?..

Just for the cases when you know you are wrong... its hard to come up with a believable excuse.

M3Inline6 said:


No, you can't get in more trouble "theoretically" for trying to get out of a ticket. Now, this is all dependent on the severity in which you try to avoid the fine....such as a blatant lie like "the cop smacked me...etc etc"! That was far fetched, but you get my point. I would assume....or "hope" that the person who tries to get out of a ticket knowing he/she is guilty would have a story thought up "just in case" the officer does show. It would only be the logical thing to do.

Tommyboy: With California law, it is very important that the officer not make any mistakes on a citation w/o correcting it. For instance, the correct date, or the correct offense, etc. Cases are won on technicalities alone. If in fact he cited you for the wrong thing, the case "should" be dismissed! And also, in municipal "limited jurisdiction" courts, I don't think a witness will help you any, as they usually don't have a witness stand. Witnesses usually only take affect in criminal cases, and yours isn't a criminal case. They only handle small traffic infractions or misdemeanors.
 

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showing up to court almost always gets ride of the point violation immeadiately. Also, it helps with the fine. In order for your ticket to be held up in court, the policeofficer who issued the summons also needs to be present. They usually dont like how this works. The town will have to pay that cop overtime in order for him to be present. Usually when they find out your disputing the charge, they dont bother even sending the police officer. If he doesnt show up, your automatically acquited of the charges. If he does show up, it will be more or less your testimony against his. Your clean driving record, and good student do have a large advantage on your side. But, sorry to say, being a kid in a bimmer doesnt. But, it is all up to the judge. Explain how you never have done it in the past before, even go as far as to say you dad was letting you drive his car that night, so you were taking extra precautions not to do anything wreckless. The jude usually lets you off with only a monetary fine. But, you may also be able to get this taken off your record. A laywer is too pricey and might not be worth it to you. If you show up, dressed well, have a polite, and nice attitude. you will be fine, bring your parents with you too, that helps. good luck
 

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Something to consider is can you go to traffic school for the violation.
1) If yes. Make sure you can still go to traffic school even if you fight the ticket and lose. In certain jurisdictions they wont allow you to go to traffic school if you fight and lose, so call up the court where the ticket will be filed and ask them ,they will tell you.
2) If you are in a place where it's a fight and lose and then you arent allowed traffic school, fight the ticket, but on your court day see if the issuing officer shows up. If he does, wait til they call both of you up and before they have him state why he wrote you, tell the judge that you wish to change your plea to guilty and not take up anymore of the courts valuable time and that you respectfully request that you be allowed to go to traffic school. Remember you havnt gone thru the whole thing and been found guilty you have just changed your plea, so this allows you to still go to traffic school. (Trust me I've used this and it works.) Plus by doing this you have the chance that the officer doesnt show and the ticket will be dismissed.
 

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Delirium said:
isnt it the ca law that the cops are now required to show up in court?
They aren't "required" to go, but CHP officers almost always show up because they get 4 hours O.T. pay no matter whether court lasts 20 minutes or 2 hours. It's an easy way to rack up pay. As for city cops, from my experience, they rarely show up....as do Sheriff deputies. Like I stated earlier in this thread, it all depends on your judge.
 

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Now I will tell you a trick that works(sorry about this M3Inline6,lol), rather than go to court if they send you a courtesy notice with a fine amount that you may send if you wish to plead guilty. Send in the fine for 5 or 10 dollars more than the actual fine. If the fine is say 65.00, send in 75.00. They will do one of two things, 1) send they check back reguesting the correct amount or send you a notice saying you have sent an incorrect amount and to please remit the correct amount and that the first checked will be voided or returned to you. Whichever they do just ignore it. Remember the ticket is basicly in a limbo stage at this point, it's not on your record at all. It's in a file(a real file and possibly a computerized one) along with 1,000's of other tickets waitng for a final disposition. Tha large majority of the time the ticket sits in a file waiting for the correct money to be sent. And the clerks are not sitting there waiting and watching for your check, they have better things to do with their time and the ticket gets lost in the shuffle,bye bye all gone(This works believe me)
 

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Discussion Starter · #19 · (Edited)
this is ridiculous when the cop was behind me and when he stopped me i didn't even know what i did wrong. i better win this one. sadly maybe the cop gave me a ticket because i was young and in a BMW
 

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BobbyBimmer said:
Now I will tell you a trick that works(sorry about this M3Inline6,lol), rather than go to court if they send you a courtesy notice with a fine amount that you may send if you wish to plead guilty. Send in the fine for 5 or 10 dollars more than the actual fine. If the fine is say 65.00, send in 75.00. They will do one of two things, 1) send they check back reguesting the correct amount or send you a notice saying you have sent an incorrect amount and to please remit the correct amount and that the first checked will be voided or returned to you. Whichever they do just ignore it. Remember the ticket is basicly in a limbo stage at this point, it's not on your record at all. It's in a file(a real file and possibly a computerized one) along with 1,000's of other tickets waitng for a final disposition. Tha large majority of the time the ticket sits in a file waiting for the correct money to be sent. And the clerks are not sitting there waiting and watching for your check, they have better things to do with their time and the ticket gets lost in the shuffle,bye bye all gone(This works believe me)
I've heard about this before, but never actually tried it to see if it works. There is one scenario that I've been told about. When you send the incorrect amount, they send a check back to you in the amount of the overage. I was told that if you don't cash it, your citation is basically in "limbo" as stated above, because the transaction isn't complete until you cash that check. I don't know how much truth this holds, but hey...weigh your options. It might work!
 
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