Dec 05
I Got a Traffic Ticket in Washington State: What Box Do I Check?
A frequent question drivers have for me when they receive a speeding ticket or other type of traffic ticket is which box they should check before they return the ticket. A few years ago I wrote a little bit about what to do when you get a traffic ticket and the same really holds true: read the ticket, and then figure out which box to check. What box should I check when I get a ticket for negligent driving in the second degree, speeding, or failing to signal?
The first two boxes are really no choices at all if you wish to challenge your ticket, whether it's a speeding infraction, failure to yield infraction, or a ticket for multiple infractions. This is true whether you get the speeding ticket in Snohomish or Seattle, Clyde Hill or Kirkland, Bellevue or Bellingham. The reason is that with the first box, you're just paying the ticket. With the second box, you are asking for a reduction in the fine. What's wrong with that you ask? Nothing if you like paying higher insurance premiums for moving violations and having a mark against your driver's license that can affect your driving privilege and even your job. In fact, with the second box, some infractions (like speeding in a school zone or speeding in a construction zone) cannot have their fines reduced (but you're not told that when you get the ticket).
The choice for fighting your Seattle speeding ticket or your Pierce County failure to yield to an emergency vehicle citation, to give a couple examples, is to contest the ticket. You do that by checking the last choice. It's true - the agency tasked with designing these infractions saved the best choice for last. If you want a chance at keeping the ticket from affecting your insurance, your job, and even your driving privilege, the contested hearing box is the one you want.
Now it's true that not every type of ticket affects insurance, your job, and your driving privilege, but if you're not sure, it's always a good idea to check the contested hearing box and find out from an experienced Seattle traffic attorney what the consequences are for a particular infraction. If you decide not to fight the ticket, you can always pay the amount on the ticket prior to the hearing. But it's often very difficult--if not impossible--to get a hearing after you've missed the deadline (15 days to request a hearing from the date you are issued the infraction, slightly longer if the ticket is mailed to you). You have nothing to lose by preserving your right to a contested hearing.
Practice Tip: When you check the contested hearing box for your traffic ticket, make sure you do two more things: make a copy of the ticket for your attorney and/or your records, and mail the original ticket to the court certified and return receipt requested. Why do you want to mail it this way? Because courts lose paperwork. With thousands of tickets each day and millions each year just in the State of Washington, courts are going to lose stuff. They are going to misplace paperwork. Why have that happen to your case? A certified mail slip helps show a court that you mailed something, and a return receipt shows that someone signed for what you mailed. Having both a certified mail slip and a return receipt is a good idea in the event the court or the post office loses your paperwork. Your local U.S. Post Office will help you with the proper forms so that you can mail your ticket back to the court, whether you got the ticket in Spokane, Cle Elum, Tacoma, or Everett.
Requesting a contested hearing is the only choice that allows you, when you respond to a traffic ticket in Washington State, to challenge the citation(s) and attempt to get your ticket dismissed; to not pay a monetary penalty (bail amount); and to keep your driving record clear of citations for insurance purposes. In my practice, I strongly support #3. People do not come to me for #1 or #2, and they shouldn't. Checking the third box on the back of the ticket is the only way to have the opportunity to avoid a monetary cost to the State AND to keep your insurance rates reasonable. Often, the cost of hiring me to represent you is much smaller than the potential increase in insurance costs that a driver could face if he or she is found to have committed the infraction. And sometimes, if you choose to have me represent you, you might not even have to come to court, which can save you the expense of taking time off work. In my practice, I can't guarantee that I'll win every time, but I can say with confidence that I will fight hard to get you the best possible result every time, and hopefully a result that will save you money on your insurance and keep your driving privilege intact. Before you decide to pay a lot of money to the government and to your insurance company, call or e-mail me for a free evaluation of your traffic ticket in Washington State.
