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

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.   

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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. 

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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. 

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