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Negligent driving 2nd degree

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zephyr834

Junior Member
What is the name of your state? Washington

I was driving down I-5 South heading back to my home state California. I was driving by Lewis County in Washington going with the flow of the traffic which was 65-70mph in a 60 zone. I was pulled over by an officer for Negligent driving 2nd degree, him stating I was passing cars in the right lane and not giving car's length in between cars.

He also claimed I was going 80 when it would of been impossible in the conditions, being there were only two lanes. Now, I've done some research and I know Negligent driving has nothing to do with speed but I was fined $550 from the base fine of $250, so I'm wondering if speed did add onto the cost.

This is my first ticket and being from California, I don't have the time or money to travel back up for a court hearing which apparently I need to go to one if I wish for a deferral. So I'm only 19 and I'm a full-time student with a part time job. Can I use this to help lower the fine?

I'm planning to do a mitigation hearing by mail. What are the chances of getting my fine lowered and is there anything specific I should include?

Additionally, I'm still unsure about the whole 'passing on the right lane' thing. Is it illegal in Washington or most states? I mean there are signs that state for slower traffic to stay right so can this be used as part of a justification?

Thanks
 


The Occultist

Senior Member
Whenever possible, it is to your advantage to appear in person as opposed to attempting to argue by mail.

While I do not know whether passing on the right is illegal (but rest assured it usually is) in Washington, signs encouraging slower vehicles to move to the right will not hold as a suitable defense in your favor.

You might wish to speak with a couple of traffic attorneys from the area the violation occurred as they will know the laws better than you or I, and they will also know what the courts will want to hear.
 

zephyr834

Junior Member
Thanks for the reply.

I guess I'll figure out a way to contact someone up there about the laws. I also have to find out if I'm allowed to take traffic school down here, and if the county doesn't allow it then I'll be forced to go to a hearing as the insurance would be too much for me to pay, contest it, and ask for a deferral if he shows.

I'm not sure if I misunderstood the clerk but the clerk also told me the officer doesn't have to write a report (since I requested for one) unless for a contested hearing...? I'll ask again to be sure.

But the officer didn't cite my speed on the ticket if that counts for anything. Additionally, about the passing on the right, if I'm reading this correctly about the California law :

Pass traffic on the left. You may pass on the right only when:

* An open highway is clearly marked for two or more lanes of travel in your direction.
* The driver ahead of you is turning left and you do not drive off the roadway. Never pass on the left if the driver is signaling a left turn.
Source: http://www.dmv.ca.gov/pubs/hdbk/pgs22thru25.htm#passing

Could I possibly use this as way to say I'm used to California laws and wasn't aware of it being illegal?
 

The Occultist

Senior Member
What the traffic laws in your home state are will have no bearing on the fact that you broke traffic laws in Washington. What you need to find out are the laws in Washington in regards to the violation.
 

zephyr834

Junior Member
Ok, well I found out that traffic school won't clear my record after this ticket so I'm being forced to travel 500 miles to a contested hearing :(. Hopefully the officer doesn't show up. But if he does, I plan on taking a deferral.
 

racer72

Senior Member
Ok, well I found out that traffic school won't clear my record after this ticket so I'm being forced to travel 500 miles to a contested hearing :(. Hopefully the officer doesn't show up. But if he does, I plan on taking a deferral.
I really hate to burst your bubble but I will. In Washington the officer is not required to appear in court, if you want the officer there you will have to subpoena him.
 

zephyr834

Junior Member
Well that's not good. I was told the officer has to write a report if I contest the ticket. I'm guessing if I subpoena him and then just ask for a deferral, I might make the judge mad for wasting the officer's time?

And would it still be best to contest the ticket or should I just settle for mitigation hearing? I'm guessing it doesn't matter either way if I request for a deferral. But if I do a mitigation hearing, is it still possible to tell my side of the story and still receive a deferral or must I choose the deferral or the hearing?

Additionally, if I'm approved of a deferral, do they start the deferral period from the time of the violation or conviction? It only seems to make sense for it to be from the time of the violation.

Thanks for all the help.
 
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racer72

Senior Member
The deferral starts on the date that it is accepted by the court. In most cases, you will agree to the deferral with someone from the prosecutor's office prior to court, in court when you case is called, the rep will tell the judge you have accepted a deferral and the judge will accept or reject the deferral, in most cases they accept. Bring your checkbook or cash, you will still have to pay the fine and court costs with the deferral. Also, if you get another ticket during the deferral period, both tickets will hit your driving record at the same time, this can cause huge increases in your insurance premiums.
 

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