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

Earlier this week Seattle Times reporter Danny Westneat wrote about his frustration and how his driving habits have changed--for the worse--since Seattle decided to put up red-light cameras.

Since drivers call me daily to talk about red-light camera traffic tickets that motorists have received in the mail (and no one has called me happy to have received such a gift), it is important to note that a red-light camera traffic ticket has no effect on insurance premiums, although if a driver is stopped by a police officer and cited for a red light violation, this latter type of violation does have consequences to insurance costs.

Seattle joins other cities like Auburn, Bellevue, Bremerton, Burien, Federal Way, Fife, Issaquah, Lacey, Lake Forest Park, Lakewood, Lynnwood, Monroe, Moses Lake, Puyallup, Renton, Seatac, Spokane, Tacoma, and Wenatchee in having some form of automated traffic camera devices.

Westneat makes many good observations (more after the jump).

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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.   

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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.

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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.

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