Washington STate criminal Trip permit

[RHDITR]

What is the name of your state?What is the name of your state? WASHINGTON

officer was from the Washington State police

well got a Criminal ticket for a trip permit violation rcw 46.16.160
This happen at 8:00pm after dark on the Friday the 7th of this month...
1) the trip permit was not altered just expired and still in the back window
nothing on the back of the trip permit says that you have to remove the permit after it expires
My only problem with this ticket is that according to rcw 46.64.070 it reads:

To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington State patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.

one of my Questions is :
A) i was pulled over at night

B) Case law i found ... OFFICERS WITHOUT WARRANT HAVE NO RIGHT TO INTERCEPT TRAVELERS ON A PUBLIC HIGHWAY AT NIGHT for purpose of finding some one inact of violating law; and arrest for misdemeanor without warrant on information or suspicion ofbeing unlawful act.” Mitchell v. Hughes, 104 Wash. 231, 176 P. 26 (1918). And

“STATE OF WASHINGTON ATTORNEY GENERAL OPINION FROM OLYMPIA written by ATTORNEY GENERAL JOHN J. O’CONNEL on December 10, 1959. THISOPINION CONCLUDES THAT POLICE OFFICERS DO NOT HAVE STATUTORYAUTHORITY TO STOP MOTORISTS SOLELY FOR THE PURPOSE OF EXAMINING THEIR DRIVER’S LICENSES. And the WASHINGTON STATESUPREME COURT HELD THAT: Under the rationale of the holding in Seattle v.Mesiani, 110 Wn.2d 454, 755 P.2d 775 (1988), AGO 88 (1959) IS STILL VALID ANDCORRECT.” STATE v. SMITS, 58 Wn.App. 333, 340, 341, 792 P.2d 565 (June 25,1990).

C) use of the word in rcw 46.64.070 AND/OR ? to Seperate the types of stops listed in 46.64.070 one being stoping and displaying your license... Other being : to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements


Any Help here on this Thanks anyone that has viewed and helped



also where can i find something on how to write a brief's? and a motion to dismiss

[harbor14]

What is the name of your state?What is the name of your state? WASHINGTON

officer was from the Washington State police

well got a Criminal ticket for a trip permit violation rcw 46.16.160
This happen at 8:00pm after dark on the Friday the 7th of this month...
1) the trip permit was not altered just expired and still in the back window
nothing on the back of the trip permit says that you have to remove the permit after it expires
My only problem with this ticket is that according to rcw 46.64.070 it reads:

To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the Washington State patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.

one of my Questions is :
A) i was pulled over at night

B) Case law i found ... OFFICERS WITHOUT WARRANT HAVE NO RIGHT TO INTERCEPT TRAVELERS ON A PUBLIC HIGHWAY AT NIGHT for purpose of finding some one inact of violating law; and arrest for misdemeanor without warrant on information or suspicion ofbeing unlawful act.” Mitchell v. Hughes, 104 Wash. 231, 176 P. 26 (1918). And

“STATE OF WASHINGTON ATTORNEY GENERAL OPINION FROM OLYMPIA written by ATTORNEY GENERAL JOHN J. O’CONNEL on December 10, 1959. THISOPINION CONCLUDES THAT POLICE OFFICERS DO NOT HAVE STATUTORYAUTHORITY TO STOP MOTORISTS SOLELY FOR THE PURPOSE OF EXAMINING THEIR DRIVER’S LICENSES. And the WASHINGTON STATESUPREME COURT HELD THAT: Under the rationale of the holding in Seattle v.Mesiani, 110 Wn.2d 454, 755 P.2d 775 (1988), AGO 88 (1959) IS STILL VALID ANDCORRECT.” STATE v. SMITS, 58 Wn.App. 333, 340, 341, 792 P.2d 565 (June 25,1990).

C) use of the word in rcw 46.64.070 AND/OR ? to Seperate the types of stops listed in 46.64.070 one being stoping and displaying your license... Other being : to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements


Any Help here on this Thanks anyone that has viewed and helped



also where can i find something on how to write a brief's? and a motion to dismiss

The motion to dimiss will fail. RCW46.64.060/070 are used for equipment/license enforcement generally for commercial drivers. The selective element you are missing is the second paragraph of 070 which states "...are in addition to all other powers conferred by law upon such officers..."

Violation of the trip permit RCW is a gross misd; as such if the violation occurs in the officers presence it is an arrestable offense. It has nothing to do with 060/070

[RHDITR]

The motion to dimiss will fail. RCW46.64.060/070 are used for equipment/license enforcement generally for commercial drivers. The selective element you are missing is the second paragraph of 070 which states "...are in addition to all other powers conferred by law upon such officers..."

Violation of the trip permit RCW is a gross misd; as such if the violation occurs in the officers presence it is an arrestable offense. It has nothing to do with 060/070

But at the same time theres is only 1 type of drivers license issued in the state of washington under title 46 being a "commercial drivers license".
See RCW 46.25

Off/Topic but if you look Rcw 46.25.050 it states that

1) Drivers of commercial motor vehicles shall obtain a commercial driver's license as required under this chapter by April 1, 1992. The director shall establish a program to convert all qualified commercial motor vehicle drivers by that date. After April 1, 1992, except when driving under a commercial driver's instruction permit and a valid automobile or classified license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person:

(a) Who is the operator of a farm vehicle, and the vehicle is:

(i) Controlled and operated by a farmer;

(ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed gross vehicle weight, farm machinery, farm supplies, or any combination of those materials to or from a farm;

(iii) Not used in the operations of a common or contract motor carrier; and

(iv) Used within one hundred fifty miles of the person's farm; or

(b) Who is a fire fighter or law enforcement officer operating emergency equipment, and:

(i) The fire fighter or law enforcement officer has successfully completed a driver training course approved by the director; and

(ii) The fire fighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or

(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose.

(2) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to disqualification, or in violation of an out-of-service order. Violations of this subsection shall be punished in the same way as violations of RCW 46.20.342(1).

so now look up the RCW 46.04.140 for the DEFINITION of a "Commercial vehicle".

"Commercial vehicle" means any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.

So why is this state collecting money for CDL driver's license's for most of the people that live in this state that Don't charge to take there kids to School,or go to the video store ... so yes I have a CDL according to Washington law and I was driving a "Commercial vehicle" in the state eyes.
But can you say "Fraud" to the Washington public?

yes i can see how the CDL applies to anyone employed to drive a vehicle
but not to the general "Joe dirt" that operates
a recreational vehicle for "noncommercial purposes"

[harbor14]

The state issues non-commercial licenses under RCW46.20.. of which there several - intermediate, learners permit, provisional etc.

RCW 26.25 deals only with commercial licenses...class A, B, C etc.

Your argument has no merit. Not to mention your logic self-defeating.

If you think your trip ticket violation is wrong hire a lawyer...for you will surely fail if you attempt to represent yourself.