Off Topic - traffic ticket question

[93-525i]

Hi All,

I have a question regarding a traffic ticket I received out of State. I live in Oregon but got a ticker about 3 hours away in Washington from a State Trooper for Neglegent Driving. I plan to argue the ticket. The thing was that I was passing a car in a double solid yellow lane. What happened was that A passing lane started on my side and a car from the slow lane cut me off and got into the fast lane and continued at 50mph. He hit is brakes so I swerved and passed him in the oncomming lane. Of course I checked that there was no oncomming traffic and it was a long straight road. The cop was really pisses, saying I could kill someone, when in reality I was more aware of my surroundings than the other cars around me. I also think he didn't see the car in front of me cut me off in the fast lane because of his position relative to the onciomming traffic. He said this was the most neglagent driving he's seen in his career, which I find hard to believe. I found a couple of discrepancies on the ticket, such as my eye color and the expiration date of my drivers license. Could these tecnicalitie be grounds for dismissal? All it says on teh ticket is neglegent driving, nothing else. This was also a state trooper in Port Angeles, Washington, which is 3 hours from Portland. Being a state trooper I was wondering If I can request a court hearing in Vancouver Washington, which is 15 minutes from me and 3 hours from him.
I don't make a habbit of driving neglagently and have nothing on my driving record, this being the first thing. I would have my hobby (driving) to be the cause of harm to someone. Thanks for any input.

[Kalevera]

Make diagrams. Present the case clearly and concisely. Point out the discrepancies in the cop's work, but don't attack him as a person (as he attacked you). The key will be to make the cop look like an idiot without saying it outright. You'll get further by suggesting that the cop doesn't have a good understanding of the situation than by admitting that you did something illegal, however necessary it was to avoid an accident.


best, whit

[ThoreauHD]

You have to go to court where the charge took place. You cannot change location because it's closer to you. Saying that there are discrepencies with your eye color or date of drivers license will only piss off the judge.

The best that you can work for is a limited fine. I suggest you get a lawyer. You can go to the traffic court where you will be going, and hire an attorney there. Here is the reason why you should get a lawyer:

"The thing was that I was passing a car in a double solid yellow lane."

Game over. Everything after that will assume to have been caused by this. Get a lawyer. Have the lawyer explain exactly what happened with a diagram or verbally.

Normally, when you make an honest mistake, the cop will be on your side. Like if somebody stops in the middle of the highway, and you backend them. It's your fault, but they caused it. Cops are sympathetic to dealing with stupid people. This cop seems to be very angry with you. This cop sees the judge that you will see every week. You don't. If he isn't on your side, you don't have a chance in hell. Again, get a lawyer.

[632 Regal]

I cuncur with a lawyer, look for a good traffic violation attorney such as googling your state and add "DUI" or "OUIL", these guys are pros when it comes to traffic related offences, they do charge though even since your violation didnt occur from a DUI or OUIL offence. Call and see what the fight is worth to you.

You have to go to court where the charge took place. You cannot change location because it's closer to you. Saying that there are discrepencies with your eye color or date of drivers license will only piss off the judge.

The best that you can work for is a limited fine. I suggest you get a lawyer. You can go to the traffic court where you will be going, and hire an attorney there. Here is the reason why you should get a lawyer:

"The thing was that I was passing a car in a double solid yellow lane."

Game over. Everything after that will assume to have been caused by this. Get a lawyer. Have the lawyer explain exactly what happened with a diagram or verbally.

Normally, when you make an honest mistake, the cop will be on your side. Like if somebody stops in the middle of the highway, and you backend them. It's your fault, but they caused it. Cops are sympathetic to dealing with stupid people. This cop seems to be very angry with you. This cop sees the judge that you will see every week. You don't. If he isn't on your side, you don't have a chance in hell. Again, get a lawyer.

[Jay 535i]

I found a couple of discrepancies on the ticket, such as my eye color and the expiration date of my drivers license. Could these tecnicalitie be grounds for dismissal?

Probably not. That such discrepancies can lead to the case being thrown out is a common misconception.

Get a traffic lawyer and you'll beat it. A good traffic lawyer is worth his/her weight in gold. I know.

[Alexlind123]

It sounds like in any case, it will be at least reduced to illegal passing.

[SRR2]

Here is the reason why you should get a lawyer:

"The thing was that I was passing a car in a double solid yellow lane."

The legalities of this probably vary from state to state, but, here in PA the double yellow is 'advisory' only. No passing zones are required to be signed at the beginning and end. A typical situation where a pass on double yellow is permissible is when you want to get around slow moving vehicles like farm machinery or overweight trucks and so forth.

[SharkmanBMW]

good info, all of you, but it really is guilty till proven innocent!

A lawyer will win, you won't!

It will cost you at least the cost of the ticket, if not triple!
It may be more realistic to pay it and forget it!

I have been to court many times, some I won, some not, BUT the thing that remains the same in every case, is the judge is against you - you really have to prove yourself well!

If you admit you went over the lane, you are guilty. You have to get sympathy to win!

[Jay 535i]

good info, all of you, but it really is guilty till proven innocent!

A lawyer will win, you won't!

It will cost you at least the cost of the ticket, if not triple!
It may be more realistic to pay it and forget it!

I have been to court many times, some I won, some not, BUT the thing that remains the same in every case, is the judge is against you - you really have to prove yourself well!

If you admit you went over the lane, you are guilty. You have to get sympathy to win!

It's really not that simple. The law is all gray areas, and an expert will know how to minimize the damage. Also, the prosecutor is often willing to compromise, but it takes an expert to make the most of that situation, too.

When you're trying to figure out if paying a lawyer will be cheaper or more expensive than paying the ticket, don't forget to factor in what a conviction will do to your insurance premiums.

I've been charged twice, got a lawyer twice (these guys), and had great results twice. I wouldn't go into court without them.

Sure, there are no guarantees, but in my experience, in Ontario at least, it's the insurance companies you have to fear more than anyone else. It's worth almost anything to avoid a conviction and keep your premiums low. What a lawyer will take from you now is probably a fraction of what your insurance company will take from you over the next ten years if you're convicted. YMMV.

[SharkmanBMW]

in quebec, I have had tickets totalling 17 points accumulate, then lawyer up and fight.

Even if you lose half your points, your insurance company does nothing!
It makes no difference.

My point was that if you say you did something, you will be found guilty Unless, the judge "sympathises" with you.

If you say "I did it, but"
you are guilty,
YOU did something YOU knew was wrong... it is up to you to convince them WHY and hope they "care" enough to let you off. BUT they don't have to , you admitted you did it!