Did you receive a traffic ticket for an accident? Can you get a traffic ticket for an accident? How do you beat a traffic ticket for an accident? If you received a traffic ticket for an accident in Washington it is likely that you were cited for either following too close or speed too fast for conditions.
Accident Tickets are Winnable
Yes, you can beat these tickets. Both of these infractions (following too close and speed too fast for conditions) are moving infractions. This means that they will be reported to the Department of Licensing and can have a significant impact on your insurance rates. A moving infraction will increase your insurance rates between 10% and 15% for approximately three years. If you’re currently receiving a good driver discount you stand to lose that discount (which can account for up to 25% of your insurance premium for a period of five years) and hundreds of dollars of savings associated with that discount. If you currently pay $1,200 every year for car insurance and you avoid a rate increase of 10% that means that you’ve saved $120 every year. Over 3 years you will have saved $360 if you are able to avoid and insurance increase by getting the case dismissed or getting the charge amended to a non-moving infraction.
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.
Possible Traffic Ticket Dismissal for Hearsay
The reality is, officers rarely witness accidents. You should definitely NOT make any statements to an officer about your speed or about how you were following a vehicle prior to an accident. The statements of a defendant ARE admissible in court. The prosecutor will use those admissions against a defendant. Often, those admissions are the best evidence for the prosecutor in these cases.
The officer usually does not witness the accident. So, their statements are usually considered hearsay. Unless the officer witnessed the incident, the officer’s testimony is not very helpful for the prosecutor in proving the case. If the officer statements can be suppressed, the only evidence the court will have to rely on are the statements of the defendant.
Possible Witness Testimony - Including Your Testimony
However, some prosecutors will ask that witnesses be present in order to pursue these cases. The testimony of witnesses can introduce evidence that the court can rely on to find the infraction committed.
If you are going up against a seasoned prosecutor on your own you are at a disadvantage. The prosecutor knows the rules, knows their particular court, and knows the law better than most of the public. You should talk to an attorney about your options when you have an accident ticket. If you have a speeding too fast for conditions ticket or following too close ticket, hiring a defense attorney is your best chance of success.
Washington Traffic Ticket Attorney
Of course, you can go it alone, but there are big risks if you do. I guess I might describe the situation like this: if you are confident in your knowledge of plumbing – go ahead and install that sink yourself. You’ll save a little money! If you don’t know about plumbing, and you try to install that sink, you might flood your entire house. Plumbing is complicated and requires training to do it right. If plumbing is done wrong, you can end up in an expensive and stressful situation. Similarly, the law is complicated and requires law school and further training to do it right. If law is done wrong, you can end up in an expensive and stressful situation.
Will I Get a Traffic Ticket for an Accident?
It is possible that you will be issued a traffic ticket for an accident. An officer may make a determination you were at fault and issue you a traffic ticket. However, you may have a good defense to any traffic ticket that was issued. Consult an attorney.
What is Following Too Closely?
In Washington, RCW 46.61.165 (1) states: (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
Essentially, if you have hit another vehicle from behind, an officer may issue you this ticket. However, you may have a good defense for this moving violation. Consult an attorney.
What is Improper Lane Change?
In Washington, RCW 46.61.140 governs improper lane changes. Subsection (1) states: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
If two drivers have collided on the side, because of changing lanes, an officer may determine one or both of them were at fault and may issue a traffic ticket. You may have a valid defense to this traffic infraction. Consult an attorney for more information.