Home » LAW »» Traffic Law

Ticket Was Changed By Officer After It Was Issued (Traffic Law)

Comments (6) | Promote | Bookmark |

• Leave a Comment Now.
• Comments
• Mon, 05 Jun 2006 10:08:00 GMT(1)
• It would seem to me that, since only one officer issued the citation (based on info provided by another officer pursuant to RCW 46.63.030(b)), it would proper for the second officer to sign the ticket after the fact.
  

  Quote:

  Also, in this situation does it make sense to subpoena two officers ?

  Well, it doesn't make sense to subpoena only ONE officer. But remember that in WA the officers don't have to show up in court -- unless you subpoena them. According to RCW 46.63.060:

  Quote:

  A notice of traffic infraction represents a determination that an infraction has been committed

  So, I'm not sure which way you should go. If the notes on the back of the citation (or additional officer's notes) don't do a good job of describing where they were, how you were sighted, etc., I'd probably just attack the citation and not subpoena either officer. But I don't have the specifics, so you'll have to decide for yourself.
  
  Good luck,
  Barry
  
  BTW, was this Bellevue police or WSP? And what was the infraction -- RCW 46.61.400?
• Mon, 05 Jun 2006 19:57:00 GMT(2)
• Thanks Barry.
  
  The infraction is 46.61.400 / speeding - Cited for 37 mph in a 25 mph zone by the Bellevue Police Department. It was an early morning commute up a hilly road with almost no traffic and within yards of a 40 mph road. I have sent out a long laundry list for discovery from the DA office. Officer report page is all blank but they sent a stationary radar affidavit reporting a visual estimate of 35mph. Where it says driver was identified via ________ driver's license. They left it blank.
  
  Is anyone aware of the law or a case that can be leveraged to question this citation ?
  
  Thnx,
  
  - S
• Tue, 06 Jun 2006 10:03:00 GMT(3)
• Hmmm. If your ticket was filed with Bellevue Municipal Court, you have an interesting argument. RCW 3.66.060 gives District Courts the jurisdiction to

  Quote:

  (5) to hear and determine traffic infractions under chapter 46.63 RCW

  However, RCW 3.50.020 states

  Quote:

  The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances....

  Bellevue is a Municipal Court -- not a District Court. There is no legislation that gives Municipal Courts the power to hear and determine traffic infractions arising from STATE law. RCW 46.61.400 is a state law. Therefore, Bellevue Municipal Court has no jurisdiction to hear the case. Here's a citation you can use:

  Quote:

  Volume 2 Linda S. Portnoy & Eileen P. Farley, Washington Criminal Practice in Courts of Limited Jurisdiction 31.04 (2004), (Citing AGO 1981 No. 4) (bold added):
  
  A municipal court has exclusive jurisdiction to hear and determine traffic infractions based on alleged violation of local law, ordinance, or regulation. A municipal court does not have jurisdiction over traffic infractions based on alleged violations of state law.

  I used this argument myself. Naturally, I lost -- you really can't expect a judge to rule that he has no jurisdiction over your infraction (and the 20 people waiting behind you with similar tickets). But I appealed and the ticket was, indeed, dismissed. Oh, if you're going to use this argument, be sure to file a pre-trial motion with the court and serve a copy on the prosecutor. Don't "pop" this on them at trial -- it's considered ill-bred.
  
  Of course, if your ticket was filed with District Court, the above is not relevant.
  Good luck,
  Barry
• Thu, 08 Jun 2006 11:05:00 GMT(4)
• A follow-up question:
  
  If I contest the citation itself and the court disagrees at the time of hearing can I then request a motion for continuance based on the fact that defense had no way of knowing which officer(s) to subpeona ?
• Tue, 06 Jun 2006 10:29:00 GMT(5)
• Thanks, Barry.
  
  I cannot use this argement as the ticket was filed with King County District Court, East Division, Bellevue Courthouse located 585 112th Ave. S.E., Bellevue, WA 98004
  
  - S
• Thu, 08 Jun 2006 11:21:00 GMT(6)
• You need to raise that issue and any others related to the validity of the citation at a pre-trial hearing and not at trial. Though you may not prevail in either instance, a judge is more likely to reject it out of hand if you bring it up at the trial itself. If you handle it in this manner the continuance issue should become moot.
• Leave a Comment Now.

Traffic Law Open Questions

What is the name of your state? Michigan In a quick nutshell: I got a ticket for reckless driving (squealed the rear tires) in July 2004. I hired a lawyer right away and got a court date for Sept. 2004. The court postponed the court date 3 times until finally Feb. 2005. The ticket was placed......

What is the name of your state? Georgia Here's the situation: I recently got my first ticket for "failure to maintain proper lane" on a two-way street. It was late at night & I was in an unfamiliar area. I thought the street was a one-way street that just had two lanes. There were......

Illinois. ticket for driving while license revoked. stated on ticket offense occured in another town. Would this be the same as wrong time? or spelling errors?...

What is the name of your state? - Massachusetts (Cited in New Hampshire) Hey guys. I was recently driving in New Hampshire on 93 North and I was pulled over by a state trooper. He was extremely rude, but regardless, he tagged me for allegedly going 95 on a 65 mph highway. This isn't true, as I......

Florida i was given a ticket for 57mph in a 40, I went to the Ticket Clinic and payed 80 dollars for them to appear in court on my behalf. some days later the ticket clinic called me and said that they charged me incorrectly so they needed another 70 dollars because the speed i was going changed......

What is the name of your state (only U.S. law)? Minnesota I got a ticket for expired tabs on June 19th 2008. As of July 30th they still have gotten it on there records yet. The ticket said I had 21 days to pay. Is it my responsibilty to have to keep checking for this ticket. It there a time......

My question involves a traffic accident in the State of: Michigan. A month and a half ago I backed into someones car. Supposedly. On this day there was a snow emergency. No cars were supposed to be on the street. I'm backing out of a driveway, and I notice these people are looking at me weird. I......

Hello Everybody, I had an accident in NJ on Wednesday (6/20/07). I rear ended this guy in front of me. Cop came and he took all the details and everything. He came in and asked me what happened, I explained to him that light turned green and all cars started moving and just stopped after that. I......

I got a ticket the other day and I was writing out a check to pay for it and realized that the ticket was issued on 11-13-00. Does this make it invalid? Does anyone know if this is a case to have the ticket thrown out? How would I go about doing this? Thanks, Any help would be appreciated!......

What things being wrong on a ticket can cause your case to be dismissed?...

Some questions maybe you're interest in...

[CRIMINAL LAW & PROCEDURE] Good Morning, I was convicted of a Missouri Class C Misdemeanor Stealing offense. My sentence was suspended imposition of sentence. I simply had to pay restitution. The conviction was three years ago. I have never been arrested,convicted, or in trouble with the law except for this crime. My.........

[Employment & Labor Law] What is the name of your state? Virginia Hello, I am curious about how enforceable relocation contracts are. I was terminated recently for what the company called misconduct (potential wrongful term case) after 14 years of service. I had relocation 6 times with the company with the last move.........

[Immigration Law] Hello: I am on an L-2 visa and applied for an EAD on 7/25/03. Yesterday my online status showed that a "request for more evidence" has been mailed to me. I have had a job offer for a few weeks now and have been waiting for the EAD to get employed. Once I send back to the BCIS the.........

[BUSINESS & FINANCIAL & Corporate LAW] What is the name of your state (only U.S. law)? Texas Can my boss open my mail if it comes to the office we work out of?......

[Insurance Law] What is the name of your state? Here is my story: About 3 years ago I went to dentist and had my wisdom teeth pulled out. I paid my Co-payment and everything was swell, my insurance was paying their part. The following year I went back to the same dentist this time I had a crown job but I had a.........

[Insurance Law] What is the name of your state?What is the name of your state? Mississippi - Long story short house is a total loss but still there. I have 3 seperate insurance policys 1.flood 2.homeowners 3.wind and hail - all diff. companies - called all insurance companies for claims and also reported looters.........

[Additional Legal Subjects] Sam Bam wrote: Jeff Welch wrote: "Sam Bam" <sam@bam.slam> wrote in message news:sD5Xd.595071$Zm5.85196@news.easynews.com... "- Prof. Jonez" wrote: > Don't fall for it Sam Bam, it's a trick, this Jeff is a wolf in > sheeple's clothing. Lol, duh. I wouldn't crow too.........

[Additional Legal Subjects] Hope someone can perhaps give me a little info about our options in this situation: We purchased a motorcycle from a man (who we will call Jim) who had recently purchased the bike himself, the week prior, from the original owner. After having it a few days Jim realized he would be better off with.........

[Accidents & Personal Injury Law] What is the name of your state (only U.S. law)? Mass. I was involved in a collision recently. I have been out of work for a while and just wrapped up training for a temporary job when I got hit on the way home driving a relative's car. The police investigated and they took photographs of the.........

[Accidents & Personal Injury Law] What is the name of your state? North Carolina Please advise on whether an employer can can pay an employee only one salary when two jobs are being performed simultaneously. Accepted a new position(exempt) and old position (exempt)was to be backfilled, however old job was posted and then removed.........