Mitigation Hearings

What is the name of your state? Washington, Yakima County

Am I entitled to a copy of the police report if I check Mitigation on the back of the ticket? The clerk said that I'm only entitled if I contest the ticket, How am I supposed to represent myself without knowing the officers stance?

Can I request any copies of previous citations made from that officer to prove he was profiling based on vehicle and age?

The officer also claimed that he had stopped me prior that day when in fact he didn't. I work from 8 to 5 with and hour lunch (9hr day), is there a way to prove that he in fact didn't stop me prior. Possibly checking NCIC logs or even showing that he started his shift after I started work that day. He claimed that reason he knows he stopped me is because of the sticker on the back of my truck (spit fire sticker). Is this not some sort of profiling? I made eye contact with him when he rounded the corner and his eyes were upon my left shoulder, hunting for seat belts. So I'm not sure how he managed to focus on my blinker, when he was staring at my seat belt.

The charge for those wondering, failure to signal.

I doubt you would get the NCIC record as that is considered sensitive record.

Can I get NCIC logs based on my queries made to national crime database, since all I'm trying to prove is that he didn't stop me prior?

OK, I contacted the prosecutor and I am entitled to a copy of the police report just as I thought. Now, the gal at the clerks office is a sub for the person who normally works there. I have to fill out the applicable forms to request a copy of my police report. Now if the courts cannot provide me with the forms to fill out because she claims she cannot find them, does this mean I'm still going to be tried without the court providing sufficient evidence to defend my self?

[lwpat]

"The officer also claimed that he had stopped me prior that day when in fact he didn't. I work from 8 to 5 with and hour lunch (9hr day), is there a way to prove that he in fact didn't stop me prior. "

This has no bearing on your case. I assume you are trying to impeach his testimony but he can say the vehicles were similar.

"Can I request any copies of previous citations made from that officer to prove he was profiling based on vehicle and age?"

Again this has no bearing on your case.

You have stated a lot but you have not said whether you failed to signal your turn. This is not a life or death matter, just a simple infraction of the traffic laws.

Forget about trying to prove you are not guilty. You say you are not guilty, officer says you are = guilty.

Concentrate on keeping the citation off your MVR. Mitigation may mean traffic school. If so take the school and pay the fine. You can plead not guilty and try to work a deal for a no points violation but I still recommend traffic school. Stop trying to fight city hall.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

Thanks for shedding light on the whole "innocent until proven guilty" Nice to know I'm already guilty of failure to signal, when I USED my signal for a simple lane change. The point in this whole thing is that I was wrongly stopped for "not using a signal". I have no way to clear my name of this and the best bet is to keep off my MVR, yet still generating revenue for the city I was stopped in. Traffic Cops make great meter maids, but may want to consider finding a little more reason to stop people. These traffic cops are slowly becoming Uncle Sam’s collecting taxes from hard working people.

Wish I could retract my donation to WSLEA to pay my fines. Apparently they don’t need to money as they’re overstaffed to the point that they have nothing better to do than write citation for meaningless blinker tickets.

Back to original reason for this post, how much information can one receive about that officer, past citations etc? I could really care about the 86$ for the failure to signal, and could give even less about the hike in insurance premiums. That’s life, this officer needs to do his job and not wrongly accuse people of infractions they did not commit.

I DID NOT FAIL TO SIGNAL

[racer72]

I DID NOT FAIL TO SIGNAL

Prove it to the judge. Nothing in any of your previous posts will do anything to prove the point. The previous activity of the officer will not help your case at all. In fact, some of the info you are looking for will probably anger the officer and judge because it does nothing to help your case. If you are serious about fighting the ticket, hire an compentant attorney that knows the courts and the judges. There is no one on this forum that knows the judges and courts in Yakima, a local attorney does. Also, did you know that in Washington you have to subpeona the officer to appear in court, they do not automatically have to appear?

[lwpat]

"Back to original reason for this post, how much information can one receive about that officer, past citations etc? I could really care about the 86$ for the failure to signal, and could give even less about the hike in insurance premiums. That’s life, this officer needs to do his job and not wrongly accuse people of infractions they did not commit."

In most states discovery is not allowed at the traffic court level. You would need to check with a local attorney to be certain. Racer72 is correct that even if you did get the information there is nothing that would help your case.

Washington allows "masking" of traffic tickets. Pay the fine and the ticket is deferred for one year. If you have no more problems the ticket is forgiven. Take the deal and pay the fine. Even with an attorney you could still lose and it is not worth the trouble.

I understand your frustration. Earlier today I was talking to a CDL driver who received a ticket for 76 in a 70 and his truck is goverened at 65. This means he will lose his job. Nobody promised you that life was fair.

If you still want to fight the ticket send me an email.

NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney.

[abezon]

If you signalled, then you need to contest the ticket. Mitigtion admits that you didn't signal & asks the judge to reduce the fine. Contact the court & change your hearing request to contest the ticket. If the clerk won't make the change for you, take proof that you tried to change the hearing type with you to court & ask the judge to do so.

The state's burden of proof in WA is preponderance of the evidence. Not beyond a reasonable doubt. You have 2 options: hope the judge believes your testimony that you signalled, or call the officer & try to show that he was on seat belt "Click it or Ticket" patrol. Therefore, he was concentrating on the drivers' shoulders & could easily have missed seeing your signal in his periferal vision. If you call the officer, you could then go into his comments that he stopped you the day before & argue that he was targeting someone else & got you by mistake.

[harbor14]

First things first; there are two requirements for a failure to signal.

1. Failure to signal within 100' of a turn or lane change.

2. Failure to signal period.

The officer can cite if either requirement is not met.

A mitigation hearing is used to admit you committed the infraction but are asking the judge for a reducement in the penalty - traffic school, reduction in fine, deferred finding. None of the items you you requested in your post can help you in the mitigation hearing.

A contested hearing is where you belive you did not commit the infraction. The court will have the officers sworn affidavit as the state's proof. There may or may not be a prosecutor present (unless you have an attorney then you can bet one will). You will be allowed to present evidence to prove your innocence and call witnesses. If you wish to question the officer you must subpoena him (we are not required to show up in traffic court without one). In this instance without independent witnesses the outcome will be based on credibility. Your's vs. the officer's.

I personally would not try the 'he was looking at my seat belt defense.' The officer probably has testified numerous times before the judge before - his credibility is probably already established - at least with the traffic judge. Your's will be suspect.

Best bet; ask for traffic school. You can attended once every 7 years. Complete it and (usually) keep you record clean for a year and its as if the infraction never occurred.