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Most of us have experienced that adrenaline rush of seeing flashing lights in our rearview mirror. If a moving violation traffic ticket goes on your driving record, your insurance rates will likely increase.
Moving violations are tickets such as speeding, unsafe lane change, failure to signal, failure to yield right of way, following too close, failure to obey traffic signal, negligent driving in the second degree, and many others. We’ve helped thousands of people in your exact situation over the years.
A traffic infraction is a civil, non-criminal offense, and so the only penalty allowed is a fine. In the State of Washington, when you are issued a notice of infraction for a traffic violation, you have fifteen days to respond. If you don’t respond, the ticket will go on your record, and the Department of Licensing will suspend your license.
To respond to a traffic infraction, you must check one of the three boxes which appear at the bottom of the ticket (or on the back if it’s a really old-fashioned ticket!) and mail the ticket back to the court. Your three choices are:
You can simply pay the ticket by mailing the ticket back to the court listed with a check for the fine amount. The infraction will go on your driving record, and your insurance company will find out about it.
You can “mitigate” the ticket which means that you admit that you committed the infraction and merely want to explain the circumstances. Again, the ticket will go on your driving record, and your insurance company will find out about it.
You can “contest” the ticket, which means that you do not believe that you committed the infraction, and that you want a contested hearing in order to challenge it. The city/state must prove by a preponderance of the evidence that you committed the infraction, and a hearing will be set. By checking this box you protect all of your rights, and this is the box you should check if you are hiring us to represent you.
In the realm of traffic tickets, our results vary by the court with jurisdiction over your ticket. There are a few courts where no prosecutor appears, and in those courts we are usually able to get a ticket dismissed.
However, in the vast majority of courts, a prosecutor appears, and while we still get dismissals in those courts, it is much more likely that we will get an amendment to a non-moving violation such as expired tabs, which does not count as a moving violation.
One of the many benefits of hiring us is that you will not have to appear in court, and so you do not have to take the day off work and deal with the stress and hassle of going to court. We are there on your behalf, your presence is waived, and we send you a letter that same day explaining the outcome of your ticket.
Drivers in the state of Washington are entitled to a “deferral” once every seven years on a traffic infraction, subject to a few restrictions. Those who have a CDL (commercial driver’s license) are not eligible, and some courts have restrictions on specific offenses, such as accidents involving other vehicles or school zone speeding tickets. A deferral is a way that you can keep a traffic ticket off of your record. The case is continued for a period of time (up to a year), and you must pay a fee for the deferral. If you avoid any tickets for that deferral period then the ticket is dismissed, and it never appears on your driving record. Some courts may add the requirement of a “defensive driving school” to take advantage of their deferral program. Many courts even offer a “deferral by mail,” and we can tell you if that is an option in your case.
CDL drivers need to be especially cautious in how they deal with any infractions, as they may affect their federal status as well as their driving record at home. This is true even if they are ticketed in their own personal non-commercial vehicles.
We’ve been helping CDL drivers for over 25 years with all manner of moving violations as well as CDL-specific charges such as overweight violations, logbook violations, equipment violations, and many others.
An additional concern for CDL holders is the driving record maintained by the Federal Motor Carrier Safety Administration. This is separate and distinct from the driver’s Washington driving record.
Anytime an inspection report is issued by an officer in conjunction with a traffic ticket, this federal agency is notified, and when we get the Washington State traffic ticket resolved, the CDL driver will want us to take care of their federal record. The system for correcting that is called DataQ, and Shuman Law is well-versed in dealing with those matters.
Over the years, we’ve kept thousands of drivers happy by getting their tickets dismissed, or by getting them amended to something that will not count as a moving violation and will not affect their insurance rates and/or employment. We look forward to helping you, and we welcome your call.
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