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

Whether you decide to travel from Spokane to Seattle, Yakima to Yelm, or points in between during the Thanksgiving holiday weekend, you will probably notice an increased police presence.  But rather than serve you some turkey and pumpkin pie, the police will be serving motorists with speeding tickets and other traffic tickets for such offenses as negligent driving, following too close, and improper lane change. 

The days preceding and following holidays are typically among the times of year when most fatality-collisions occur.  According to AAA, 2.1 million more travelers will be on the road this year during the hoilday weekend. 

Officers will not only be responding to collisions and looking for speeding, but also for drivers and passengers not wearing seat belts and also for cars with expired tabs. 

Of course, should you receive a ticket for a moving violation, you will want to fight it so that you can save money on insurance premiums and keep your driving record clean. 

Happy Thanksgiving and safe driving this holiday weekend. 

• Email This
• Print
• Comments
• Trackbacks

A forum on decriminalizing marijuana and making the offense punishable as a civil infraction will be the subject of an upcoming forum in Edmonds, the Daily Herald reports.  

My state senator, Jeanne Kohl-Welles (D-Queen Anne), will participate in a panel discussion with travel writer Rick Steves, former U.S. Attorney John McKay, and attorney and former White House Advisor Egil "Bud" Krogh.  It appears that Rep. Mary Helen Roberts (D-Lynnwood) might sign as a House sponsor.  

The idea is simple - treat low possessory amounts of marijuana like a speeding ticket or nontraffic civil infraction, save millions of dollars in incarceration and court costs, and bring in revenue (presumably millions of dollars) for people cited for marijuana possession as a civil infraction.  

What is less clear though are these items:  why the legislation proposes a $100 fine and why juveniles would get sanctioned criminally but adults would not.  

A $100 penalty for marijuana possession would be less than an HOV or lane change infraction, so perhaps legislators need to revisit the amount assessed for this proposed infraction, and whether the traffic version of a marijuana possession infraction would be a moving violation like possessing an open container of alcohol in a vehicle (which also carries a higher fine than $100).  

Second, it hardly seems fair that juveniles would receive detention ("juvy jail") for marijuana possession but adults would be able to pay a fine with no criminal sanctions.  Penalizing juvenile offenders more harshly than adults is unfair on its face nor would it be helpful for juvenile offenders who would have criminal records for marijuana possession when that same possession would be decriminalized if the juvenile were an adult.  

Third, the topic of marijuana decriminalization should be discussed in the broader context of our alcohol laws.  While decriminalization of marijuana could be a civil infraction for 19- or 20-year-olds, individuals this same age would still be charged as adults for the crime of minor in possession of alcohol.  Legislators should consider decriminalizing certain alcohol offenses.  Without certain changes, state law becomes inconsistent and appears to favor an illegal substance over a legal one, with a ticket for the illegal substance (marijuana) and jail time for the legal substance (alcohol possessed by an underage individual).  

I commend Senator Kohl-Welles for fostering a discussion on these important items.   

• Email This
• Print
• Comments (2)
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

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. 

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

Last week the AP picked up a story from the Southwest Washington Columbian newspaper about the WSP's increased frequency of issuing speeding tickets to motorists in Washington. Not only is the WSP issuing more traffic tickets, the WSP has incentives to do so:  some of the money from ticket fines are used to fund the agency and the agency won an award from the International Association of Police Chiefs for the best state police agency of its size when the WSP's speeding ticket total exceeded the total from the previous year. Some interesting statistics found in the article:

• Snohomish County and Clark County have the highest number of tickets issued per mile on state and federal highways (it's unclear whether these counties beat out other states or if state highways refer only to Washington)
• The WSP issued 280,000 speeding tickets in Washington in 2006, an increase of 55,000.  These tickets are also only for speeding.  These numbers do not include other types of traffic offenses and this number does not include the hundreds of thousands of tickets issued by municipal police departments and  county sheriffs' departments.
• In the first half of 2007, troopers issued more than 165,000 speeding tickets
• Although tickets are up, fatalities were up 23% on Washington highways in the first eleven months of 2007.
• Troopers in Asotin County, in the far southeast corner of the state, issued only 155 tickets for the first half of 2007.
• Spokane County ranks 7th highest among Washington counties for speeding tickets issued.
• Of all Washington counties, Adams County has the highest number of WSP speeding tickets per 100 residents.
• King County and Pierce County are in the bottom third of Washington counties for WSP speeding tickets when number of residents is considered.
• Motorists now receive speeding tickets in 60%-65% of traffic stops, up from 44%, a 36%-48% increase.
• The WSP is aggressively searching to fill 86 vacancies for its "field force" - the troopers who give traffic tickets to motorists.

The bottom line is that a higher number of speeding tickets means more more people will probably pay their tickets, resulting in increased insurance premiums and tarnished driving records. This is why it's critical to have an experienced traffic attorney fight to keep your driving record clean and your insurance costs low.  If you received a speeding ticket or ticket for another type of traffic offense, call me today - help is only a phone call away.

• Email This
• Print
• Comments (1)
• Trackbacks

Police in several towns in King and Snohomish counties are toughening their approach to immigration (even legal immigration!) by arresting drivers that police suspect of being illegal, the Seattle Times reported. Take the case of Jose Luis Diaz: he was pulled over for speeding and detained by authorities for 8 days before he could present the proper paperwork to an immigration judge.  In fact, Mr. Diaz was released after he was able to show that his wife is a U.S. citizen and that he is in the process of obtaining legal status.  Of course, Mr. Diaz's arrest did not come before he lost a good job (and good wages). Other drivers who are going to pay parking tickets ended up being detained by immigration agents.  This is happening in places such as Pacific, Lynnwood, and Bothell. If motorists do not take care of their tickets, these same drivers will have a tough time renewing their drivers' licenses, working for American  businesses, and maintaining insurance. If you received a speeding or other traffic ticket and you are worried about your legal status, you can still fight your ticket without going to jail or being detained by immigration authorities.  Give me a call if you want help fighting your ticket.

• Email This
• Print
• Comments
• Trackbacks

In addition to the standard fine for a high-occupancy vehicle (HOV) violation having been raised from $101 to $124, police are using citizen drives to enforce traffic laws. In the State of Washington, drivers can call 206-764-HERO to report alleged HOV violators. According to a news report in the Seattle Times, the Washington State Patrol will actually send out warning letters to vehicle owners whose vehicle license plates are spotted by other drivers in the HOV lane. If a warning letter doesn't work (maybe the WSP receives more complaints?), then the WSP will apparently "stake out" the location of the alleged violation in order to "catch the cheater in the act." Aside from the enormous amount of resources the WSP must be spending to "stake out" a location to catch a person allegedly committing an infraction, this creates a shift in police resources - now the police, who are so concerned about HOV violations, are out on I-5 rather than staking out car theft locations. In addition, the WSP is sending warning letters to motorists who own vehicles even though these same motorists might not have been driving the vehicles they own when the vehicle allegedly committed a traffic offense. If you've received a traffic ticket, give my office a call, we can help.

• Email This
• Print
• Comments
• Trackbacks

Recently the Washington Department of Transportation released data collected January 1 - March 31, 2007, that ranked the top locations for vehicles moving faster than 90 MPH based on the highest number of vehicles traveling 90 MPH or quicker. Of the top 10 locations, 6 of them were in King, Pierce, and Snohomish Counties, in places including Issaquah, Fife, Seattle, and Tacoma. It is unknown whether every inch of state highway was tested, or whether western Washington was specifically targeted, or whether the top locations have a higher number of vehicles traveling 90 or over because more cars cross that area or if the vehicles traveling 90 or over actually amount to a higher percentage of speeding cars versus all cars that are traveling a given section of roadway. What is clear is that the State Patrol is stepping up enforcement (this means speeding tickets and other citations for traffic offenses such as negligent driving and reckless driving) in areas that it believes has a higher number of vehicles that speed.  This makes economic sense for the State Patrol - after all, the more tickets issued, there is arguably a better chance at committed findings and fines, all other things being equal. It is best for drivers to take notice of these stepped-up enforcement locations and if the unfortunate happens and you get a traffic ticket, give me a call, I can help.

• Email This
• Print
• Comments
• Trackbacks

When drivers receive civil infraction tickets in the State of Washington, drivers have three choices: 1. Pay the fine (you're admitting that you committed the infraction) 2. Request a mitigation hearing (you also pay the fine and admit to the infraction, but a kind judge might lower the fine, provided that's allowed for the type of infraction for which you were cited); 3. Fight (contest) the ticket. Many drivers, especially those who get a Seattle ticket, think that requesting a contested hearing will get them a contested hearing. Unfortunately, in a number of locations around the state (most notably Seattle), that's not exactly true. For those drivers who smartly fight their tickets, Seattle first schedules a prehearing conference. State law allows local courts to decide whether they want to hold prehearing conferences. What this means for drivers is an extra step and often a waste of time. A prehearing conference is the civil equivalent of a pretrial conference in criminal law. At the prehearing conference, drivers appear in front of a magistrate in an office. The magistrate will attempt to get the driver to essentially mitigate the infraction, thereby saving court resources and obtaining revenue for the city, county, and/or state. Occasionally, a magistrate at a prehearing conference will dismiss an infraction, but this is very rare and drivers should not expect this. What drivers should expect is that if they go to the prehearing conference, they will have to wait and NOT be able to have a contested hearing on that same day. The magistrate knows that you won't be able to have a contested hearing that day, but he/she doesn't tell you until the end of the prehearing conference that you will have to come back to court on another day for a contested hearing if you'd rather fight your ticket than "take the deal." Prehearing conferences are mostly a scam. Most drivers are unaware that when they request a contested hearing and want their day in court, they might instead get a prehearing conference, they won't be able to fight their tickets on the same day as the prehearing conference, and the driver who wants to fight has to return to court, often taking time off work. Luckily, you can save yourself the hassle of prehearing conferences by waiving them in advance of the hearing, or hiring an attorney experienced in fighting traffic tickets. If you have been issued a speeding ticket or you have been cited for another type of traffic offense, don't panic - just give me a call.

• Email This
• Print
• Comments (5)
• Trackbacks

Although SpeedingTicketBlog does not venture too often onto the highways of nonmoving traffic tickets, readers should be aware that the City of Seattle Parking Enforcement Division issued citations in violation of the City of Seattle Municipal Code. If you parked on a legal holiday and you were wrongly issued a citation, you car might also have been impounded, and wrongly so. In response to a lawsuit filed last fall on behalf of drivers who were wrongly issued citations, the City of Seattle changed its parking rules. Â Still, the City might still owe hundreds of thousands of dollars in damages for the prior wrongful issuance of citations. The case is currently pending in King County Superior Court. For more information, read the Seattle PI's article here.

• Email This
• Print
• Comments (2)
• Trackbacks