How are traffic tickets dismissed? What are the different ways traffic tickets are often dismissed?
Are traffic tickets sometimes dismissed? The answer is “yes.”
There are a number of ways that traffic tickets are regularly dismissed.
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.
Procedural Problems Can Lead to Traffic Tickets Dismissed
The first primary way that traffic tickets are often dismissed has to do with procedural arguments. Procedural safeguards ensure that the process is conducted fairly. These are requirements of due process under the law. Where these requirements have been violated, the government may be unable to proceed with its case. There are numerous rules regarding the timing of hearings the disclosure of discovery materials (such as police reports videos), disclosure of witnesses, and so on. An exhaustive list of the rules can be found in the Washington Infraction Rules of Limited Jurisdiction.
Problems with the Officer's Report Can Lead to a Ticket Being Dismissed
The second primary way tickets are dismissed is through a contested hearing. This hearing is the equivalent of a trial for traffic tickets. The prosecutor and the defense argue the case – the judge makes a decision.
The prosecution will offer up evidence, usually in the form of the officer’s testimony or the officer’s report, and may enter evidence from other witnesses (from a speed measuring device expert or from a document certifying a speed measuring device).
The defense can present evidence as well. In an accident case, for example, the defense may call an eyewitness who saw the accident.
Presenting a compelling case can be a difficult challenge for someone fighting a ticket on their own. The judge will probably not help you say the correct language to get information into the court record.
In my experience as a traffic attorney, I have seen many defendants lose their cases because they didn’t understand the process. I can’t describe how frustrating it is to watch from the courtroom gallery, unable to do anything, as people lose winnable cases.
Each Court Has Different Rules and Preferences
A final point is that each court and judge is different. Each court has different local court rules. Each judge may have different ideas about what the law means. One of the greatest benefits of having an attorney is that your attorney should know which arguments will work and which arguments will not.
Some prosecutors go after traffic tickets as if they were felony cases. Some prosecutors see traffic tickets as a lower priority. Your attorney should know what the practices are in the court that you have a ticket.
You can go in alone against the traffic courts, but I highly recommend that you find an attorney who can help you with your traffic matters. In the long run, obtaining a traffic attorney for your traffic ticket gives you a much better chance of saving money and avoiding consequences like big fines, missed days of work, increased insurance rates, and loss of your driver’s license. If you want to talk to an attorney you can contact me and we may be a good fit. At the very least, I can talk to you about your options.
How to Get a Traffic Dismissed in Washington?
- Find a procedural problem
- Find a problem with the officer’s report
- Subpoena the officer
- Bring a witness, if you have one
- Request a speed measuring device expert, if applicable
- Speak to an attorney