From Speeding Tickets to Mr. Tickles: Why Seattle Municipal Court Should Be Televised

Although this blog generally focuses on traffic infraction issues, I feel compelled to write a post about another category of civil infractions - dog violations.  Dog violations are issued by animal control officers.

Most citizens who go to court in the State of Washington go to courts of limited jurisdiction - that is, municipal and district courts that hear the bulk of our traffic infraction, misdemeanor, small claims, and dollar-limited civil cases. 

In general municipal courts are fairly small, but not Seattle Municipal Court.  Here, there are a dozen or so elected and appointed judicial officers hearing hundreds of cases each day. 

During one morning traffic calendar last week, I was in Seattle Muni, as I typically am each week.  But this was no typical day.  Prior to the bulk of speeding, red light, and following too closely infraction hearings, the City of Seattle, through its esteemed Rule 9 (law student) persecutor (who this blog will not name because he might enjoy unearned and undeserved publicity), decided it would spend the better part of an hour trying a defendant accused of 3 doggy infractions - off-leash and off premises violations. 

The events at issue apparently started when an animal control officer, the City's first witness, responded to a disturbance involving Mr. Tickles - a dog that allegedly strayed onto a neighbor's property.  The neighbor is Attorney Andrea Nicolaisen, who it appears was upset about a boundary dispute involving the defendant accused of the doggy infractions, and the fear that Oggy, her dog, had of Mr. Tickles. 

Remarkably, the only people who could keep poker faces during this farce of a court hearing were the defendant and Attorney Nicolaisen.  The judge, the animal control officer, and Rule 9 persecutor, the other attorneys in the room (including yours truly) had to laugh at the antics of Mr. Tickles.

But what is not a laughing matter is how the City and Attorney Nicolaisen, somewhat unjustifiably, made dozens of people sit in court for an hour over two neighbors' failure to resolve a boundary dispute, in what is really a fleecing of Seattle's taxpayer dollars.  To the City and Attorney Nicolaisen - this blog gives you two thumbs down. 

For entertainment value, this blog recommends that the next time you're flipping through channels and see the Washington Supreme Court on TVW, just think - you could have entertaining (if not wasteful) Seattle Municipal Court doggy violation hearings televised into your living room.  You really have to see it to believe it.  Contact your local cable provider immediately, and don't forget to mention Mr. Tickles.

UPDATE:  6/25/09 - SEATTLE

Attorney Andrea Nicolaisen wrote in to inform me that my previous post "got the facts all wrong."  Ms. Nicolaisen points out that it was her neighbor, Crystal Welch, who phoned animal control, and that Ms. Welch, the complainant, was actually cited.  This blog originally cited Ms. Nicolaisen as the complainant, when more appropriately she should have been identified as a very upset, complaining witness.  

Ms. Nicolaisen notes, however, that the hearing was " a three hour waste of [her] time" and she also notes that "after sitting there for 2 hours [yours truly was] so unable to get even the most basic facts correct."   Ms. Nicolaisen's view is not only inaccurate, but it needs to be supplemented by what transpired. 

Attorney Nicolaisen was subpoenaed by the City of Seattle for a non-traffic civil infraction hearing involving her dog.  She seemed to enjoy testifying against her neighbor.  She also did not have to testify, as a subpoena requires her appearance, but a subpoena does not require or compel her to speak or testify, let alone drag an entire courtroom into her neighbor's dispute.  However, that's exactly what Attorney Nicolaisen did.  Why Attorney Nicolaisen felt compelled to testify at a dog infraction hearing is beyond me.

I did not spend the entire hearing in the courtroom; rather, I attempted to get my own work done.  The sad part about the morning is that Attorney Nicolaisen and the Rule 9 Legal Intern failed to resolve the dispute in less than a couple hours.  Rather, Attorney Nicolaisen's dog Oggy and Ms. Welch's dog, Mr. Tickles, were caught in the middle of a human dispute.  Even though the City won the hearing, as an observer I blame the City (and partly Ms. Nicolaisen) for the delay on the calendar.  

I wish Attorney Nicolaisen and Oggy well in their future endeavors.  

Morton Police Officers Waste Taxpayer Resources on Traffic Court

Many drivers know - and many learn - that fighting a speeding ticket or other type of traffic infraction often means the difference between maintaining low insurance premiums and having insurance payments go through the roof. 

But what does it mean to police officers who to go to court?  Overtime. 

Last week I had the pleasure of going to court in Chehalis, Lewis County.  Not long before my client's hearing, I observed a contested hearing with another attorney and two police officers from Morton, the small, approximately thousand persons town and hub of eastern Lewis County located between Mt. Rainier and Mt. St. Helens. 

Rather than file a declaration or affidavit to support the traffic infraction, two officers decided to show up to court, unannounced and without any prosecutor.  Investigation by yours truly discovered that the officers (yes, not one but two) decided that it was in their financial interest to go to court because the officers are able to accrue overtime. 

It's not a new discovery that some officers earn overtime by going to court, but there are two exceptional issues with this particular case.  First, it's unusual for two officers to come to court for one infraction.  Second, it's an incredible waste of money when taxpayers in a rural community like Morton (per capita median income at $16,275, 2000 census) foot the bill for fishing expeditions by police officers.  Overtime for the police officers' unrequired (and to my knowledge not demanded) presence would exceed the amount of any return from the infraction's bail amount.  This overzealousness, waste of time, and waste of resources by Morton police is another reason that drivers should feel empowered to fight unreasonable enforcement by fighting their tickets.   

Do Seattle Police Officers Receive Special Treatment After They Get Cited For DUI?

The Seattle Times and the Seattle PI recently reported an incident involving a Seattle Police Department lieutenant who was arrested for DUI on November 23 after a Washington State Patrol officer observed a vehicle drifting on I-5. 

Of course, while Lt. Lowe is presumed innocent until proven guilty, it is noteworthy that Lt. Lowe supervised a 42-member Seattle police detail for President Obama's inauguration nearly two months after the officer's arrest.  The news articles describe a number of disciplinary problems Lt. Lowe has had in his career, yet Seattle Police Chief Gil Kerlikowske, who may become the nation's drug czar, appears to tolerate this behavior by granting supervisory authority to Lt. Lowe.  Chief Kerlikowske also declined to comment and I wonder if he endorses Lt. Lowe's conduct. 

While the Washington State Patrol appeared to treat Lt. Lowe no differently than other suspects of DUI, it certainly begs the question as to whether police officers who receive traffic infractions such as speeding and improper lane change - or who get arrested for a criminal offense - receive special treatment by their police department supervisors. 

While other motorists who are found to have committed traffic offenses pay higher auto and life insurance premiums, arguably the taxpayers would be left to finance higher insurance premiums for Seattle police officers who get into trouble.  That, in and of itself, is troublesome. 

Washington State Patrol to Issue More Construction Zone Tickets

Today the Seattle Times reports that the WSP will have extra patrols on I-5 in King County while road crews make repairs. 

The State Patrol claims that "Worker and motorist safety is always [the State Patrol's] top priority."  The second priority is likely issuing motorists tickets, as fines are doubled in construction zones.  

For those drivers traveling on I-5 in the Seattle area, you risk getting stopped and issued a speeding  ticket that can increase your insurance premiums and affect your driving privilege.  If you get such a speeding or other traffic ticket, don't panic - give me a call. 

Seattle To Curb Free Parking In Fremont - More Tickets to Issue

In one of the latest examples of charging more and providing less, the City of Seattle has decided to institute pay parking in the City's Fremont neighborhood, the Seattle Times and the Seattle PI reported this month. 

The City has decided to place 13 to 20 pay stations in Fremont, along with other time-restricted and residential parking zones. 

Jessica Vets, the executive director of the Fremont Chamber of Commerce, believes the City's move towards paid parking will hurt small businesses and Seattle citizens.  "This is a tax that has not been passed by the voters, that the Seattle City Council and the mayor are imposing on businesses, on residents and on Seattle citizens," says Vets. 

It's hard to disagree with Ms. Vets.  A parking ticket by one visitor to a retail establishment can certainly have an effect on that visitor's shopping patterns, and the business.  Less business means less tax revenue for the City.  Will the City make up for it with revenue from extra parking tickets?  Feel free to comment below. 

Extra Law Enforcement To Provide Seat-Belt Tickets

The Seattle P-I reported earlier this month that 67 law enforcement agencies around the state will provide more officers through December 7 for seat-belt emphasis patrols.  Officers will be on the roads day and night looking for motorists and passengers who don't buckle up.  

The Washington Traffic Safety Commission spent over half a million dollars on this year's seat-belt campaign, with roughly $300,000 going to personnel for enforcement of the state's seat-belt law. 

Officials emphasize that seat-belt enforcement is not about issuing tickets but about saving lives.  Whether or not you believe that, and even if you believe that the state should not be mandating whether you or others wear a seat-belt (a valid opinion), there is certainly costs to all taxpayers when uninsured individuals get in collisions and the state has to pay for their medical care.  This alone should be reason enough to wear a seat belt.  If you choose not to, expect to be pulled over. 

Speed Van Deployed In Seattle, Will Create More Traffic Tickets

Several months ago, Seattle's mayor, city council, and police chief collaborated on obtaining Seattle's first "speed van," a $174,000 Chevy Uplander paid for by Seattle taxpayers.  

City officials are quite proud of this expense because they believe more people will be issued tickets and that speed cameras help reduce vehicular speed.  Only time will tell whether the speed cameras will reduce collisions. 

Speed van photo enforecment began last month.  For now, expect to be issued a $189 ticket if you speed and get picked up by the speed van. 

You can read more about the van and see a photo of it in the Seattle PI article.

Cell Phone Ban to Result in Traffic Tickets Starting July 1, 2008

In a matter of weeks, Washington drivers will no longer be allowed to legally hold and talk on a cell phone while driving. As state, county, and local governments look to "protect" you, my gentle readers from yourselves and the public, they're also looking to take a few of your hard-earned bucks off you by having the police pull you over, delay you, and write you tickets. Don't let the government take your money.

Before you use your cell phone while driving, get a hands-free device for your cell phone. Hands-free cell phone devices are allowed and they are the new, permissible way to drive and talk on your cell phone. Hopefully the devices will save you some money as well.

What Speed Constitutes Reckless Driving in Washington?

Recently the Seattle P-I published an article about a motorcyclist who was arrested for allegedly driving 164 mph in Oregon. Many drivers call my office to ask me if traveling a certain speed, such as 90 or 100 mph, constitutes reckless driving in the State of Washington. The answer is that any speed beyond  Washington's maximum speed limits could serve as prima facie evidence of reckless driving, which in Washington is a gross misdemeanor punishable by up to a year in jail and a $5,000 fine. The prosecuting authority would, however, have to prove the charge of reckless driving (which unlike a speeding infraction includes wanton and willful disregard of persons or property) to the criminal standard of beyond a reasonable doubt. So in Washington, if a driver is traveling 26 mph in a 25 mph zone, that person can be arrested (though it is unlikely and unusual). But if you're allegedly traveling 164 mph on a motorcycle, you are at high risk of getting arrested and charged with reckless driving. In most speeding cases, drivers are issued notices of infraction - that is, speeding tickets - which are civil infractions. The penalties for infractions do not include jail time, but the penalties do include monetary fines, higher insurance costs, and potential suspension or revocation of the driving privilege. But drivers in Washington should be aware that a police officer has the judgment call of citing a driver for reckless driving - and even arresting the driver on the spot - if the police officer believes the driver is disregarding the safety of persons or property. Getting stopped by the police can be a scary experience for many people, but luckily you have a lot of options and rights when you get stopped, cited, and even arrested. If you've received a citation and need help fighting it, give me a call, I can help.

UPDATE (NOVEMBER 9, 2008):

I realize the original post left out a few important points that I wish to clarify for my readers.  While officers maintain the "judgment call" of arresting certain drivers for reckless driving and citing other drivers for speeding infractions, I want to be very clear that an arrest for reckless driving does not mean a driver who was allegedly speeding is automatically guilty because the officer has chosen to make an arrest for reckless driving.  Although vehicular speed can in some cases amount to reckless driving, a driver can really no longer be lawfully convicted of reckless driving by evidence of speed alone where there is other evidence that a jury can weigh with regards to the offense, even though RCW 46.61.465  states that speeding shall be prima facie evidence of driving a vehicle in a reckless manner.  I have updated the original post to include the words "wanton and willful disregard of persons or property" with regards to reckless driving in order to avoid any confusion between speeding and reckless driving.

In 1994, the United States Court of Appeals for the Ninth Circuit reviewed a King County conviction involving two vehicular assault charges.  The Court reviewed Washington's reckless driving statute  because driving a vehicle in a reckless manner was the predicate to the appellant's assault convictions.  State appeals had been exhausted, a defendant's constitutional right violated, and the defendant-appellant remained in jail. 

The Court stated:

But instruction number 7 isolated speed as the only circumstance needed to permit the jury to find reckless driving and thereby convict Schwendeman. The jury was told, in effect, that it could ignore all the other evidence, consider only the evidence of Schwendeman's speed, and if [the jury] found [appellant] was exceeding the speed limit, that was enough to convict him--not of speeding, but of reckless driving.
 

"By focusing the jury on the evidence of speed alone, the challenged instruction erroneously permitted the jury to" convict the appellant without allowing the jury to consider all of the other evidence. 

In short, the Court differentiated between speeding and reckless driving, and the Court reversed the state courts and ordered respondent to release the appellant from the King County Jail unless appellant could be granted, within a reasonable time, a new trial. 

The case is Schwendeman v. Wallenstein, 971 F.2d 313 (9th Cir. 1992).  

Seattle To Increase Red Light Cameras; Puyallup to Begin Camera Enforcement in February

In perhaps the largest targeting of red-light runners in the State of Washington, Seattle will soon add red-light cameras at 18 more intersections in 2008, more than quadrupling the number of intersections added in 2006-2007. Last year, the City gained more than $1 million from red-light cameras. Some Seattle officials think that stepped-up enforcement will make people safer, even though a City study noted that accidents per intersection INCREASED even after the City added cameras at four intersections in 2006, although mainstream media outlets such as the Seattle Times and the Seattle PI have failed to report this fact, according to thenewspaper.com , a journal of the politics of driving. What is clear is that the City stands to make millions of dollars off of red-light tickets this year. Unhappy about this? City Council Member Nick Lacata wants citizen tax dollars to pay for an additional 24 cameras in 2009 (why not an even hundred Nick?!?!?!). Seattle is not alone - Puyallup will add the cameras in February, with monetary penalties beginning in Puyallup in March. Lakewood and Lynnwood already use cameras for enforcement.