Washington Traffic Law Blog : Washington Traffic Lawyer & Attorney : Jon Zimmerman Law Firm : Seattle, Bellevue, Tacoma

Last week I was in Monroe, Snohomish County during one of my frequent visits there to fight some speeding tickets on behalf of my clients.  I had the pleasure of visiting the courtrooms of the Honorable Steven Clough and the Honorable Patricia Lyon, the two sitting district court judges of the Evergreen Division of the Snohomish County District Court.  Judges Clough and Lyon are two of the best district court judges in our state: theses judges listen to attorneys, think before making rulings, and fairly apply the law. 

During my visit to Judge Clough’s courtroom for a contested hearing calendar, the State’s prosecutor and a defense attorney engaged in some argument over the amount of evidence needed to convict a defendant of speeding.  Judge Clough explained that he had assumed his position on the bench when speeding offenses were criminal offenses in the State of Washington and that a great debate ensued prior to the Legislature’s decriminalization of most traffic offenses in 1981.  At the time, the police were complaining that they were spending too much time in court on “minor” traffic offenses that were criminal, and if the Legislature decriminalized these offenses, the police wouldn’t have to be in court as much.  San Francisco was doing the same thing with fire code violations, so why shouldn’t the State of Washington do the same thing?  Eventually the Washington Legislature followed in San Francisco’s footsteps and changed the classification of most traffic offenses from crimes to civil infractions. 

In explaining his ruling that opinion evidence alone is not enough to convict a driver of speeding and that he had been reversed by the Superior Court 15 years earlier for holding otherwise, Judge Clough brought up an important point: these offenses are “minor” to whom?  Would decriminalization make traffic tickets any less important to the person who is stopped by a police officer and issued a speeding ticket?  In the last 30 years, the police still spend a lot of time in court and traffic infractions are not minor to the people who get them.  

In addition to Judge Clough's observations, I offer the following considerations: given the increased frequency of traffic infraction filings in the State of Washington, are these tickets “minor” to the people who face increased insurance premiums for auto and life insurance?  What about the teenaged, intermediate driver license holder who faces a long suspension of her driver’s license and can’t driver to her summer job? What about the truck driver whose employer might terminate his employment? Or the single mother who, given increased premiums, will not be able to continue to drive her children to soccer games? Are these considerations minor? 

Although the Legislature no longer authorizes judges to impose jail on civil infractions (though some judges will impose jail time if the offenses violate probation on a criminal offense), the consequences of civil traffic offenses are not minor. The offenses carry significant financial and major lifestyle consequences for those drivers who receive traffic tickets and don’t do anything to challenge the offenses.  If you have received a traffic ticket, it is important to consider all of the consequences and contact my office or another experienced professional who can help with these offenses before you make a decision that could adversely affect your insurance and your driving privilege. 

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Next time you’re driving and see troopers with the Washington State Patrol pulling over drivers on the side of I-5 and I-90, ask yourself: does it seem like there are more police on the road these days, issuing tickets for moving violations? 

The truth is that while state revenue has been declining and budgets for police services are declining, police officers around the country find that getting in the “business” of code citations and traffic tickets is a lot easier and more revenue friendly than fighting crime.  And it’s true right here in the State of Washington as troopers put a higher emphasis on what they deem “annoying” versus criminal offenses.  

Don’t believe me?  Fifth generation Washington native Amy Rolph, writing on Seattle’s Big Blog at seattlepi.com, had a great article over the weekend about drivers ticketed for left-lane violations.  You can even watch a great video (part of the “Good to Know” series with your tax dollars at work!), courtesy of the WSP, in which Trooper J.J. Gundermann tells us that driving in the far left lane “is annoying” and as such, troopers routinely issue traffic tickets for violations of RCW 46.61.100.  In the video, Trooper Gundermann acts like a teacher, explaining the law to the driver and not issuing the driver a ticket.  In real life, however, troopers are not teachers and troopers rarely give warnings in lieu of tickets.  

Also annoying, but completely ignored by the State Patrol (not only in the video but in real life), are car thefts.  Car thefts are irritating, they cause thousands of dollars in property loss and lost wages, and car thefts are criminal acts.  But a KIRO 97.3 FM investigation discovered that the Washington State Patrol, in its response to a budget cut, dismantled its car theft investigative task force and (drumroll please) reassigned more than a dozen troopers.  The WSP is more interested issuing tickets to drivers who hog the left lane than in recovering your stolen car.  This is the new, profit-driven priority to police work.  The WSP apparently thinks that the civil offense of driving in the left lane is more of an offense against a person than stealing one's car.  

A few lessons can be learned from this experience.  First, car thieves will need to be more careful about driving past troopers who are looking to hand out traffic tickets like candy.  Second, drivers who have their cars stolen are SOL with the WSP, which provides an incentive to car theft rings by giving thieves a free pass.  While you might fall victim to a car thief, good luck trying to get the WSP to care about your stolen car.  Your chances of getting a traffic ticket by the Washington State Patrol are much, much greater than getting the WSP to care about helping you get back your stolen car.  Third, the roads have not become more dangerous and the risks to public safety are not any higher (and in fact are probably lower) than five years ago.  The real threat to your wallet’s safety.  Know that the WSP, in an unhindered, unfettered, and unabashed fashion, wholly supports your getting a ticket, your paying money to the state, and your paying higher insurance rates.  Don’t let it happen.  If you are the unlucky recipient of a traffic ticket, whether it be in Olympia or Everett, Seattle or Tacoma, make sure you know your rights when the police hand you a ticket and demand your cash. 

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As temperatures rise in April and May and cities across the State of Washington—especially in western Washington—see more sunny days, drivers will also see more police cars, filled with police officers bent on enforcing the traffic laws and writing people speeding tickets.  It’s common to see more police on city streets, bridges, and freeways this time of year. Reasons include federal and state grants that give overtime to the police for issuing traffic citations; better weather (who wants to pull people over and stand outside in the wind and rain?); people driving faster in nicer weather (people often tend to slow down during inclement weather), and local and state governments’ desire to bring in revenue. But what does this mean to the ordinary driver?  Below are some common occurrences around this time of year and how to think about or deel with some of these issues. 

•  School zone speeding tickets.  Citations for these offenses have been increasing because of the use of traffic cameras, but nicer weather also means that police will be outside of schools waiting to pull over drivers.  There is good and bad news here.  The good news is that in the State of Washington, traffic camera tickets do not get placed on a driver’s record and do not affect a driver’s insurance; however, this is only true for school zone tickets where evidence of speed is gathered by use of an automated camera.  The bad news it that for a school zone ticket issued by a police officer, it’s a serious moving violation that can go on a driver’s record for three years if the driver just pays the ticket.  While a driver has a “mitigation” option on most tickets—which ordinarily is a bad option on to begin with on officer-issued citations because it’s really akin to paying the ticket as far as one’s driving record and insurance is concerned—it’s not even an option for school zone tickets (but drivers do not know this when pulled over because all infraction tickets include the mitigation option).  The reason mitigation is not available is that the Legislature does not allow judges to lower fines for school zone tickets.  Lower fines do not mean that the ticket stays off a driver’s record; nevertheless, judges can’t even lower a school zone fine if they wanted to.  Judges can dismiss a ticket with a good defense, and get rid of the fine that way, but drivers need to be smart enough to choose the contested hearing option and it is recommended that drivers seek legal counsel for non-camera offenses.

• Tickets issued to intermediate driver license holders.  Permit holders and drivers age 16 and 17 are known as intermediate drivers.  Penalties for violating traffic laws are more stringent for these drivers and police are always on the lookout for young drivers.  Longer days (which make all drivers more visible) with more police on the road mean that young drivers have to be especially careful.  

• Emphasis patrols.  Ever see a string of police officers pulling people over in downtown Seattle or on I-5 near Everett?  Welcome to the emphasis patrol. Sometimes the police are enforcing seat belt laws, sometimes speed laws, sometimes something else.  Know that at this time of year, the police are taking extra time to issue traffic tickets.   

With these tips in mind, I hope this post helps you avoid a ticket.  If you are unfortunate and get a traffic ticket from a police officer, feel free to give my office a call. 

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As 2011 comes to an end and the State of Washington has begun to charge motorists a toll for crossing the 520 Bridge, traffic has decreased by nearly 60 percent as 40,000 daily drivers avoid the toll, according to figures obtained by the Seattle Times. State officials with the Washington Department of Transportation tell us that with decreased traffic, the commute times between Bellevue and Seattle are much faster. What they won’t tell you is that there is a very good chance that the police will issue more speeding tickets on 520 now that people have a greater opportunity to speed due to decreased traffic.   

Don’t believe it? On the first day of tolling, the first car to get tolled was traveling at 76 mph, according to data released by WSDOT. While this event occurred at 5:00 A.M. and the driver was apparently trying to beat the toll by seconds, the ability to speed without traffic is increased, even during peak hours. Officials claim that they don’t share speed data with the Washington State Patrol. That would be illegal. Instead, officials share speed data with the WSP, the media, and everyone who will read about it!  So much for WSDOT obeying the law.  You probably won’t see WSP enforcing any laws against WSDOT, but what you will see are WSP troopers pulling drivers over on 520 and issuing speeding tickets that threaten insurance premiums, people’s driving privilege, and drivers’ livelihoods. 

Although WSDOT would like drivers to use 520 and pay the toll, the tolls will actually have the effect of rerouting traffic to I-90 for toll avoidance while creating an incentive to speed on 520. If a toll on 520 means less traffic there, and WSDOT is talking about a “faster” commute for those who choose 520, drivers will be able to step on the gas. However, drivers should know that WSDOT is not increasing the speed limit to compensate for less traffic on 520. 

Also, no plans to reroute troopers who respond to traffic events on 520 have been reported, which means a smaller officer-to-vehicle ratio on 520 than prior to tolling. All other things staying constant, this means that a car on 520 that is speeding probably has a greater chance at getting pulled over on 520 than prior to tolling. 

My prediction is that in 2012, Seattle area drivers will see a greater police emphasis on enforcing the speed laws on 520 than on I-90. Drivers using I-90 and crossing over Mercer Island to get to places such as Bellevue, I-405, and Issaquah might encounter more traffic, but probably fewer incidents of speeding tickets than on 520.  Happy New Year!  

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As drivers begin travel for the Thanksgiving holiday, they should be aware that law enforcement will be joining them on the roadway in places such as Seattle, Everett, and Tacoma, and points in between. A couple years ago I wrote about the Thanksgiving holiday weekend being the worst for traffic fatalities. Add more cars to the road, families in confined spaces over long distances, and the sometimes-complicated dynamics of family get-togethers and a recipe exists for distracted drivers and traffic violations. What this usually means is more collisions, more traffic tickets for violations of following too closely, failure to control speed to avoid a collision, speeding, negligent driving, and failing to yield to an emergency vehicle or violations of emergency zones. Whatever the reason for the police pulling someone over, expect a greater emphasis on enforcement.   Below are a few tips for trying to avoid getting cited over the holiday weekend in the State of Washington. 

First, drop the cell phone. Cell phones are a major reason people get pulled over. Distracted or not, and whether you are actually holding the phone to your ear will be secondary to the police officer who pulls you over when the officer sees you holding a cell phone. If you have a Bluetooth-enabled device consider using this, but do not dial or text while driving or even while in traffic. Avoiding these behaviors will save you some hassle.  

Second, if you drink let someone else do the driving. Despite the fact that it is legal to drink and drive in the State of Washington (with limitations, of course), you can be below a .08 and still be charged with DUI or an alcohol-related offense. Thanksgiving is a holiday when law enforcement is going to be serious about enforcement, and you can be serious about your driving. Stay over at a friend’s or family member’s house if you drink over the holiday weekend. Even if you only have a drink, if you are in any collision (even one not your fault) and this causes a police response, the investigation will be longer if the odor of alcohol is detected or you exhibit any signs of impairment. 

Third, try to reduce speed and switch lanes prior to 200 feet, if safe to do so, before you catch up to visible emergency responders, including tow trucks, police cars, ambulances, and fire trucks. Under RCW 46.61.212, you can be cited for an enhanced traffic infraction, and if you put or were likely to put an emergency worker in danger, you can be charged with the gross misdemeanor of reckless endangerment of an emergency worker.  Slowing down and creating an extra lane between your vehicle and an emergency response vehicle are good ways to avoid these types of traffic offenses. Of course, if you get cited, you can send me an e-mail or call me for help.

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Speeding in a school zone, defined in RCW 46.61.440 and by many equivalent municipal codes, is a type of traffic infraction that many drivers receive in the State of Washington, though tickets for this type of offense are frequent in Lake Forest Park, Seattle, and jurisdictions throughout King County. This post focuses on some tips to avoid these infractions, what it means if you get a school zone ticket, and what you should do (and shouldn’t do) with a school zone ticket. 

These tickets are most frequently-issued in two types of ways: (1) by a law enforcement officer observing the speeding, pulling over the driver, and issuing a citation or (2) by a camera taking a photo of a license plate (also known as a traffic camera citation). As of the date of this post, traffic camera citations do not affect the driving records and privileges of drivers who receive these citations Washington. 

To avoid these infractions, drivers should take special notice any time drivers are entering a school zone and reduce speed to no more than 20 MPH. Reducing speed is a critical tip for parents because parents are frequently in school zones and dropping off and picking up children at school. Police officers love to pull parents over and issue parents tickets for speeding in a school zone, even for driving 25 MPH. 

Sometimes, it is difficult to know the location where a school zone begins: for example, in some jurisdictions, there is a sign that says “School Ahead” or “Reduce Speed to 20 MPH,” but in other jurisdictions it is not as obvious, and rarely if ever is there a sign that states “School Zone Begins.” Signs are indications that a driver is about to enter a school zone. Another indication is a sign that specifically mentions that there is a traffic camera. Traffic cameras are often attached to speed measurement devices around school zones. In addition to reducing speed to no more than 20 MPH and looking for signage, drivers might want to avoid school zone areas entirely during certain times of day, typically in the early morning or mid-afternoon, when students are going to and leaving school. Another way to avoid a school zone ticket is to drive on streets where there are no, school zones may extend 300 feet from the school or playground property, as well as 300 feet from a marked school or playground crosswalk. 

If you receive a school zone ticket, one thing you should know is that you cannot mitigate a school zone ticket. Although mitigation is an option on the ticket, mitigation is actually not an option under Washington law for this type of infraction. The reason is that the Legislature decided that a person who is found to have committed an infraction (either by admitting to the infraction by mitigating, paying the ticket, or after a contested hearing) shall not have the penalty waived, reduced, or suspended. Therefore, if you want a reduced penalty for the infraction, you will not get one because mitigation is not an option. Do NOT mitigate.  DO contest your infraction so that it can be challenged to avoid higher insurance and marks on your driving record.  

In addition to not being able to mitigate your fine, the fine in a school zone speeding ticket is higher than a normal speeding ticket. Although regular speeding tickets are also moving violations, drivers who get speeding tickets in a school zone face more serious consequences. If you have received any type of speeding offense, contact my office for help.   

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Traffic tickets for driving in the high-occupancy vehicle (HOV) lane are very common on Highway 520 and interstates such as I-90, I-405, and I-5 in the State of Washington, where the Washington State Patrol is out in force looking to pull people over and cite them with HOV infractions. In fact, this type of offense has become so popular with the police and the public that Seattle Times staff reporter Christina Clarridge recently wrote a story about “Mad Dog,” the license plate and nickname of an alleged persistent HOV offender, HOV tickets, and how the public works with Washington State government and law enforcement to make sure more HOV tickets are issued. 

Although the State Patrol, through its spokesman, apparently doesn’t put a high priority on HOV offenders (translation: the State Patrol doesn’t want to admit that they put a high priority on HOV tickets), the State of Washington contributes significant resources to HOV lanes, keeping track of alleged violators, and making sure tickets are issued, especially in King County. In case you were wondering, this is where your highway tax dollars go. 

HOV-lane tickets are a bit unusual in that the State of Washington encourages the public to call a phone number, 877-764-HERO—also known as the HERO hotline—in order to report the license plates of alleged HOV-lane offenders. The phone number has been in existence since 1984 and the Washington State Department of Transportation (WSDOT) accepts reports of alleged HOV violators, runs license plates of reported violator vehicles, and then mails brochures and letters to the owners of the vehicles (which may or may not be the drivers). WSDOT also reports license plates to the Washington State Patrol so that the police can be on the lookout for frequently reported vehicles.   

Although the police can cite any driver they observe unlawfully in an HOV lane, calls to the HERO line do not result in the issuance of a citation. On the first complaint, WSDOT sends a brochure, followed by a letter after the second complaint. On the third complaint, the Washington State Patrol sends a letter. The article states that

Typically the police cite drivers under RCW 46.61.165, the HOV lane statute, when the police view an individual driving as a single occupant in a restricted, HOV lane with diamond markings, but also when there are two occupants in a lane restricted to three occupants. 

In fact, I get a lot of phone calls about HOV tickets. Most of the time drivers ask me if tickets for driving in the HOV are moving violations. Indeed, in Washington, HOV infractions are moving offenses that affect a person’s insurance and driving privilege, just like a speeding ticket or failure to yield violation. 

If you have received an HOV ticket and want to fight it, contact me by e-mail or by phone.  

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Freelance correspondent Karen Aho had a very interesting article last week about a small town in Missouri that collected more than 75 percent of its annual budget from traffic fines.  Unlike in the State of Washington, in Missouri, traffic ticket collections are capped at 35 percent of a town’s revenue.  In Washington, however, police officers from Seattle and Everett and deputy sheriffs and state troopers from King County and other places such as Lewis County and Thurston County patrol state roadways looking to bring in money for their respective municipal, county, and state governments, without any limitation.  

In her article on insurance.com, Aho discovered a 2006 study by the Federal Reserve Bank of St. Louis that found that the number of tickets issued in municipalities increased on average by 0.4 percent for every 1 percent decline in other revenue.  Aho writes:  “Individual officers may concentrate on public safety, but the data show that departments tend to increase the number of tickets issued during hard times.” 

But in Washington it’s not just municipalities, it’s county and state governments that are also seeing a decline in revenue.  That’s not good news if you’re commuting on I-5 to places like Seattle and Tacoma or you are driving over I-90 to Bellevue and Issaquah.  As declining revenue is continuing to be a problem for local and state governments, expect to see more local police officers, deputy sheriffs, and state troopers pulling drivers over for speeding.  The hope is that people will just pay the fines. 

In Washington, drivers who get and don’t fight their tickets will see these tickets stay on insurance records for three years.  As Aho mentions in her article, the government never even see most of the money auto insurance companies are making off the driver with even one traffic ticket.  Speeding tickets account for millions of dollars of increased premiums for drivers in the State of Washington. 

It’s not uncommon for a driver with even one speeding ticket to see an increase in premiums of more than 20 percent.  Why?  Because insurers think that drivers with even one traffic violation are a greater risk to insure than drivers with no speeding tickets.  Insurance also increases for drivers who get tickets for negligent driving, failing to signal, running a stop sign, improperly being in the HOV, and having a brake light that is out, among other traffic offenses.  

Luckily, a driver in the State of Washington has a choice: pay the fine and allow insurance companies to hike premiums, or contest (fight) the ticket and try to keep the ticket from affecting one’s driving record and insurance.  If you have received a speeding ticket or other type of traffic violation and want to keep it off your record, please contact me.  

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Here you are in your vehicle, driving along, and you see blue and red lights flashing behind you.  A police officer is practically on your bumper.  You pull over and an officer asks you for your license, registration, and insurance.  The police officer takes your information, leaves to go to his or her patrol car or motorcycle, and a few minutes later the officer has returned with a ticket.  You drive away, irritated and not knowing what to do.  

A few of the frequent questions I get asked are:

1.  Should I fight my speeding or other type of traffic ticket?  

2.  Why should I hire an experienced attorney to help me fight my traffic ticket?  

3.  My traffic ticket that I got in Everett or Seattle or Tacoma is *only* for $124, why should I pay a lawyer more than the face value of the ticket?  

These are great questions.  Maybe you are reading this blog and you just got a traffic ticket, or you are wondering how to fight your ticket.  Or perhaps you are coming to this blog because you understand some of the costs involved beyond what you see on a speeding ticket or other type of moving violation. 

WHY YOU NEED TO FIGHT

Moving violations affect auto and life insurance premiums as well as your driving record.  For some people it even affects employment.  It's important to differentiate between a moving violation and a nonmoving violation.  The general difference is that moving violations usually affect your driving record and what you pay for insurance and nonmoving violations usually do not.  There are some unusual exceptions, but this is a basic, general difference in most but not all cases.  Want to keep your insurance from going through the roof?  Want to keep your driving record clean so you don't get suspended or revoked?  These are reasons why you need to fight your traffic ticket.  Paying or mitigating a moving violation means you are saying "please raise my insurance rates, please put this violation on my record."  Informed and smart drivers understand that they want to keep their driving records clean and drivers want to keep insurance rates low.  

WHY YOU SHOULD HIRE AN ATTORNEY EXPERIENCED IN DEFENDING PEOPLE WHO GET TRAFFIC TICKETS

In my practice I have fought thousands of tickets for people in most of the State of Washington's 39 counties.  I see people in court all the time trying to defend themselves.  In fact, some people tell me "I'm going to defend myself on this ticket, the cop was absolutely wrong, and when I tell the judge what happened, the judge will believe me."  I also hear others say "the judge just sided with the officer and didn't listen to anything I had to say."  The truth is that most people in court on a traffic ticket have rarely been to court.  They have no idea what to say.  They are nervous.  They often convict themselves by saying something that never or rarely works.  And I see people who represent themselves lose, time and again.  But these drivers aren't just losing $124.  They are losing jobs.  Drivers are losing more money to insurance companies (often thousands of dollars) and drivers then have tarnished driving records, making it financially more difficult to pay other expenses.  

It pains me to see drivers who represent themselves lose, especially when these drivers could often win if they had just said the right thing.  An attorney experienced in fighting traffic tickets and in defending people accused of traffic violations understands the law, an attorney is familiar with the rules the police must follow and what happens when these rules aren't followed, and an attorney understands court procedures.  In my experience, judges often treat people with attorneys better than those who fight traffic tickets without an attorney.  This isn't necessarily fair, but it's a reality I often see.  One reason is that sometimes judges feel that a person who has hired an attorney cares more about the person's driving record.  Another reason is that judges know that an experienced attorney understands where to start and often has some familiarity with the court's policies and sometimes with the prosecutor.  This usually helps the court calendars run more quickly and smoothly.  

Finally, people visit a doctor for medical problems, a plumber for plumbing issues, and a mechanic for car issues.  People do this because these providers can help in very specific areas.  The legal world is complicated.  Missteps are expensive.  They cost people money and create numerous other headaches.  Don't let a traffic ticket cause you a lot of stress.  Contact an attorney who focuses on representing people with traffic tickets and put your best foot forward (not just on the gas!).   An attorney can usually go to court without you having to appear, meaning you can stay at work and let your lawyer deal with your case in court.  

HOW A FEW HUNDRED DOLLARS TO AN ATTORNEY CAN SAVE YOU THOUSANDS OF BUCKS

Except in exceptional and unusual cases, I always charge a flat fee to fight traffic tickets.  This creates certainty in the fee and lowers stress.  

Let's work with the example in the third question above.  A driver receives a $124 speeding ticket.  This is a moving violation that, if you lose the violation, pay, or mitigate the ticket, stays on the insurance record for three years and affects your premiums.  How does it add up?  

Imagine that you pay the ticket and disregard everything I've said on this blog.  For illustration purposes only, imagine your rates go up a modest $125 every six months for three years, just because of this one infraction, let's say a speeding ticket or unsafe lane change or stop sign infraction.  Forget employment or other diving privilege issues.  

Your potential cost in this example only:

$150 x 6 premium periods = $900

+

$124 cost of the ticket = 

------------------------------------------------

$1,024 = Cost to driver of paying the ticket and not hiring an attorney to fight the ticket (for illustration purposes only, as every driver will have different factors that affect insurance premiums and overall costs).  

An attorney's fee for dealing with a speeding ticket and trying to get a traffic ticket dismissed or down to something that won't affect a person's insurance and driving record is often LESS than what you will pay in extra costs over time.  

To recap:  Fight your ticket, hire an experienced attorney who understands procedural (technical) and substantive issues, and do not get fooled into thinking that the amount on the ticket is the bottom line.  Know that you can fight your ticket and that you can hire an experienced attorney who will try to save you time and money.  

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