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Letter of mitigation?

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What is the name of your state (only U.S. law)? WA

I was pulled over by a Chelan County Police Officer. I live in Pierce County, which about 4 hour drive.

The road conditions were clear and dry when I finally had the opportunity to pass a very slow semi-truck I had been following for about 20 minutes on Blewitt Pass. With no oncoming traffic insight and having the right-a-way I passed the truck.

After passing the truck I was decelerating when I saw a police car about ½ mile on the right. I actually wasn’t worried as behind me was the truck, sort of proving I had just passed him. The Police Officer pulled out immediately after I passed him and followed me closely for about 2 miles at around 60mph until he pulled me over.

He asked if I knew how fast I was going a few minutes ago? I replied no, that I had just passed the semi-truck who had just passed us, and I was watching for any oncoming traffic, that I was decelerating from passing when I saw his vehicle. He said he pulled me over because he clocked me at 70mph in a 60mph zone (L1300 @ 202'). I tried to explain again that I had just passed the truck that just went by us.

Then he saw that my insurance card was invalid....

The insurance card in my vehicle showed that my insurance expired 2/01/2009 (card showed 17 days expired). I knew I had insurance and had a new insurance card, I couldn't think where it was...

The police officer gave me a $550 ticket for "no proof of insurance" and a $113 ticket for speeding.

The day before I had taken my car to the dealership for maintenance and used one of their courtesy cars. I had to give them a copy of my insurance card to use their vehicle. I have no idea what happened to it after that...

I now have a new one from my insurance company.

I just called the District Court for clarification of the ticket and talked to a really nice lady. She told me to send a copy of my "proof on insurance" along with $25, and a letter of mitigation explaining the situation and the judge will probably dismiss my case.

On the back of the ticket, I checked "mitigation hearing", but after that it says I will be given a court date to explain my circumstances. I'm going out of the country in April so I'm worried about a court date.

I haven't had a ticket in over 20 years, obviously know nothing about law and want to make sure I do the right thing.

If I do the above, when the court responds back to me will they be also sending me a court date to appear?

Thank you for your time.
 


FlyingRon

Senior Member
For the insurance, yes.



(2) If a person cited for a violation of subsection (1) of this section appears in person before the court or a violations bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed and the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal.


You're not going to get the speeding ticket mitigated for paying the insurance.
There's no exception in the RCW for exceeding 60 MPH because you were passing a truck. You need to pay or appear on the speeding ticket as it shows.
 

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