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Old 03-21-2009, 03:34 PM   #1
ebrake_n
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Member#: 112036
Join Date: Apr 2006
Chapter/Region: E. Canada
Location: Toronto, ON
Vehicle:
09 FXT
04 WRX Wagon S2

Default Yet another another speeding ticket Q..

Before i start i will extinguish the "search nub" posts.. i searched and did not find the answer to my Q.

The Story:
Was coming home from my gf's place in Van B.C. around 10pm, as i do every 2 weeks. I know not to speed as the number of people i see pulled over on that stretch of 5 is redonkulous! I was coming up on the 405 exit from 5S and was stuck in a group of cars. Instead of trying to weave my way through traffic if pulled into the fast lane to get around a few cars to the clearing ahead. Got over to the exit lane and slowed back down. All of the sudden i see headlights coming at me very fast and though it was some ricer flyby. I have to admit i got scared and almost pulled onto the shoulder because i thought i was about to get rear ended. Then the cherries lit up . Got a ticket for 15 over for when i was trying to get around the pack of cars. My fault i know. so...

The Q:
If i mark on the ticked that i committed the moving violation but want to explain my actions to the court, in an attempt to get the ticket reduced to 10 over or something, and the cop does not show.. am i still lyable for the ticket because i already pled guilty or will it be dismissed as if i had not pled guilty and the cop did not show?

What do you think i should do?
a) plead guilty and explain why i was speeding for 2 min of my 3 hr trip?
-or-
b) plea not guilty and request a court date and hope the cop does not show?


Thanks for your .02 in advance. and BTW the cop lady was very polite.
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Old 03-21-2009, 03:51 PM   #2
jma_1000
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Chapter/Region: NWIC
Location: shaddup
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what youre describing is called mitigation, and yes you will be liable for paying the fine. judge might reduce it, but probably wont dismiss it. youve already admitted you were at fault by requesting the mitigation hearing.

if you want a chance at dismissal, you would want to contest it and recieve a court date. you could try and explain it yourself, or get a lawyer and have them argue it for you.

personally, id get the lawyer and contest it.
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Old 03-21-2009, 04:07 PM   #3
CosmoTheCat
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Mitigation is an admission of guilt. The judge will usually reduce your fine, but the ticket will go on your record.

If you haven't already in the last 7 years, you can defer the ticket and pay court fees of about a hundred bucks. Keep clean for 1 year or however long the judge decides, and the ticket gets erased. You need to Mitigate if you would like to defer.

If you want the ticket to be dropped, you need to contest the ticket and subpoena the officer. If you don't subpoena him, then he can appear by affidavit, and you're done. Hire a lawyer.


PS. Hire a lawyer.
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Old 03-21-2009, 05:08 PM   #4
itschasethebaby
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Default

Heidi Hunt...
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Old 03-21-2009, 05:18 PM   #5
ocelot21
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Yeah we don't have to show for mitigation hearings. You admitted to guilt, and it's basically just a session for you to try and get the judge to change the punishment. I always recommend trying to defer... it's 150.00 in King County, but the price of keeping it off of your driving record is worth it.
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Old 03-21-2009, 06:10 PM   #6
ebrake_n
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04 WRX Wagon S2

Default

I an a new resident to washington and have read about this 'defer' in a few posts when i searched..

How do i go about it? (i have yet to send in my ticket and need to do so on monday)

HoratioCaine - you say i need to request a mitigation hearing. When i go in for the hearing i tell the judge that i want to defer the ticket? As far as i understand this means i will pay the fine + amin fees and have to keep my foot in check for a year for it to stay off my record (the important part)?

Thanks again for the help peps.. new to the state and new to fighting tickets.. I try my best at being a good, legal, and safe driver (not to mention trying to make a good name for suby drivers).
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Old 03-21-2009, 06:29 PM   #7
montana_slim
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Location: Maple Valley, WA
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07 Tacoma; 96 Impreza LX

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Man that sucks! Sorry for the rotten luck. I was on 405 today and saw 3 people within a 2 mile stretch that were pulled over, pleading their case.....and yet I was still getting passed by people feeling the need to do 70-80. I admit though, it is tough to keep it at or around 60mph on 405, especially when you are constantly being passed by everything and anything on the road.

We need to meet up soon and catch up!
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Old 03-21-2009, 06:31 PM   #8
hulslander87
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Quote:
Originally Posted by ebrake_n View Post
The Q:
If i mark on the ticked that i committed the moving violation but want to explain my actions to the court, in an attempt to get the ticket reduced to 10 over or something, and the cop does not show.. am i still lyable for the ticket because i already pled guilty or will it be dismissed as if i had not pled guilty and the cop did not show?
Quote:
Originally Posted by ebrake_n View Post
HoratioCaine - you say i need to request a mitigation hearing. When i go in for the hearing i tell the judge that i want to defer the ticket? As far as i understand this means i will pay the fine + amin fees and have to keep my foot in check for a year for it to stay off my record (the important part)?
Wa state, the officer doesnt need to show up to your court date if you want to contest your ticket.. and for the defer thing, i dont know but when i got mine, i went in the judge was like, no the cop said you were speeding blah blah but im going to defer it, and all i had to do was just pay the ticket and i think the whole time period is like 6months up here also.
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Old 03-21-2009, 09:27 PM   #9
EnterTheDragon
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Even on a contested ticket,the officer doesn't have to show unless you subpoena them. Like Horatio said, their written affidavit will stand as their testimony. This can be advantageous or not...depends.

A family member just got a speeding ticket deferred thru Pierce County District Court. He was told by the court clerk to "contest" and then ask for deferment in writing after being assigned a court date.

As a note for Whatcom County Residents or anyone passing thru Bellingham, Prosecutors didn't previously attend traffic court but they will beginning shortly. Lawyer up if you plan to contest.
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Old 03-21-2009, 09:44 PM   #10
CosmoTheCat
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Interesting tidbit.

I know the courts up here have been going through their microfiche looking for unpaid tickets from years gone by... my neighbor got a nasty notice when he went to renew his license - a ticket from 7 years ago just popped up to haunt him.

Bellingham is apparently looking to up their court income, which to me sounds like they're trying to raise conviction rates. Having the prosecutor at court means they can amend and refile/reissue citations that otherwise would have been thrown out on technicalities.

In Whatcom County, if you want to defer they require you to mitigate. Contesting it doesn't equate to the plea of guilty they need to have. King county might be different. Up here, you mitigate, and usually at the beginning of the court session the judge will ask if anyone wants to defer. If they don't, raise your hand and speak up when the judge calls on you, or prepare to sit until the very end. I don't know why, but I'm almost always the 2nd to last guy to get called up.
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Old 03-22-2009, 01:38 AM   #11
STiBullitt
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I just got a bogus speeding ticket last week here in Whatcom County. I'm going into court to contest it. We'll see how that goes. I'll post up here after my court date.
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