What is the name of your state? Washington
Hi, I have a teen who in July 2005 received a second degree negligent ticket for driving too fast behind a closed grocery store at 12:30 at night. The stupid thing is that a police officer exited a door to the rear of that grocery store the very moment he decided to be dumb. Being the naive mom with no record I was able to request a deferment for him but didn't try to get the ticket reduced to a lesser charge. It was for one year and he was to avoid moving violations. Six months later he was even dumber and got a speeding ticket. This ticket was changed via an order reducing it to expired tabs ( a non-moving violation) The deferment ended in July of 2006 (one year) and then three weeks ago MARCH 2007 we were sent a deferment revocation notice. I was told that the day he got the 2nd ticket for speeding that WAS his notice that he broke the deferment agreement. Also, I was told by the prosecutors office that it was so late coming to us because first the judge reviews the file, revokes the deferment, sends it to Dept. of Licensing, then the send something back to the court and ONLY THEN they mail something to the person under deferment. ( They said " well you know how slow the DOL is. They take FOREVER!" I scoff at this saying that was 8 months AFTER the END of the deferment agreement!
So, there are two issues here.
1. Can a judge revoke a deferment even though the second ticket was changed by a judge to expired tabs? My argument would be was the ticket for speeding that was changed to expired tabs really breaking the deferment? (which one counts?)
2. Under Washington State Courts LIRLJ 3.6 states " Subsequent Violation during the deferment period. The Court will notify a person DURING the pending deferment of a violation by first class mail to the address provided by the deferred person. The Court will note the deferred violation as committed and transmit the Notice of Infraction to the Department of Licensing. The Court shall have no other obligation to the deferred person in this regard.
This is a good kid who has learned his lesson. He is on a full ride scholarship to a private christian college in the fall. The problem is the remote location of the school and is on the other side of the state. I really think he is in a pickle and want to help a kid who has so much going for him.
Thank You Much in Advance!