How do you beat a cell phone ticket? Did you get a ticket for using your cell phone?
The legislature has made changes in the law to more severely punish people who use their cell phones while driving. It is now against the law even to be holding your cell phone while driving with some narrow exceptions. Drivers are allowed to use their phones if they are not holding the device and are only minimal use of a finger to activate the phone. The exact language can be found in RCW 46.61.672. A second or greater offense can carry a larger fine.
If you want to contest a traffic ticket you can request a contested hearing. A judge will hear your case. A judge will hear the prosecutor’s case against you. The judge will then decide whether you committed the traffic infraction or not.
It is possible to beat a traffic ticket in WA. There are a number of reason why a traffic ticket can get dismissed. The reasons vary on a case by case basis. Getting a “no insurance” ticket dismissed may require a different process than getting an “expired registration” ticket dismissed. While getting a ticket dismissed is great, avoiding getting a speeding ticket in the first place will ensure your insurance rates do not skyrocket.
If you get a speeding ticket, an HOV ticket, a work zone or construction zone ticket, no insurance ticket, speed too fast for conditions, cell phone ticket, school bus camera ticket, fail to obey traffic signal or traffic control device, or other infraction, you should contact an attorney to try to get that ticket off your record.
A traffic ticket is not a criminal offense.
You can get on a payment plan for a traffic ticket. In most cases you can pay that traffic ticket online.
A Cell Phone Ticket is a Moving Violation in Washington
A cell phone ticket IS a moving violation. A moving violation can have a significant impact on your license status and your insurance rates. A moving infraction will increase your insurance rates by approximately 10% to 15%. This rate increase usually lasts for three years. However, if you are receiving a good driver discount you may be ineligible to get this discount for 5 years. Therefore, a moving infraction could end up costing you anywhere between 10% and 30% and increased insurance premiums over 3 to 5 years. This increase can cost you hundreds if not thousands of dollars – not to mention the price of the ticket itself.
Officers have been getting better and better at writing cell phone tickets. Many prosecutor’s offices now draw a hard line when it comes to these tickets because of the number of accidents associated with cell phone use while driving.
Is It Possible to Beat a Cell Phone Ticket
That being said, a smart attorney may be able to find problems in the process or the substance of the prosecutor’s case. For example, the law creates an exception to the rule that allows for cell phone use when contacting Emergency Services. Not many people disclose who they are calling to the police (and it may impose an impermissible duty on an individual to prove their innocence) but sometimes people will explain that they were contacting Emergency Services. An affirmative defense such as this can lead to the case found NOT committed.
Other examples abound: police officers can have a difficult time establishing the necessary elements to prove their case, officers can miss a filing deadline or make some other mistake in their investigation, prosecutors offices can miss filing deadlines.
Cell Phone Ticket Attorney in Washington
These issues can be exploited if you’re aware of the legal issues. The infraction rules for a cell phone ticket can be found in the Washington infraction rules of limited jurisdiction. You will also need a familiarity with the law in order to properly argue the case. A good Washington defense attorney should understand what your chances are prevailing and give you good advice about how you should proceed. It is always advisable to consult an attorney so that you can understand what your options are and the risks associated with each possible course of action.
Is It Against the Law to Use a Cell Phone While Driving in Washington?
It is against the law to hold a cell phone while driving whether you are talking on the phone or not. However, there are some exceptions to this rule. You may be able to minimally use a phone while single taps to operate the device while in a hands-free device.
Is a Cell Phone Ticket a Moving Violation in Washington?
Yes. An electronic device while driving ticket is a moving violation.