Motorcycle Police Officer Viewed In Side Mirror, Monitoring Traffic Infractions
Motorcycle Police Officer Observed In A Side Mirror, Looking For Traffic Infractions

Traffic Infractions – Speeding Tickets

People often ask if I can “beat” the ticket. I can often find errors or omissions in the officer’s statement about his use of speed measuring devices (pace, laser or radar). Washington case law, particularly Seattle v Peterson, 39 Wn. App. 534 (1985) and Spokane v Knight, 96 Wash. 403 (1917), require proof that the speed measuring device was functioning properly at the time of its use. These allow me to challenge the foundation for the statement of speed and often result in dismissal of a speeding infraction.

Infractions

Infractions are noncriminal violations of law. They are civil cases usually punished by a monetary fine. They can have other consequences such as to your driver’s license or insurance costs. Infractions are numerous and varied. Examples include:

  • Traffic Infractions, such as Failure to Obey a Traffic Signal or Failing to Secure a Load
  • Parking Violations
  • Load Violations
  • Violations of Federal Motor Carrier Safety Regulations
  • Parks and Recreation Infractions
  • Boating Infractions

Infractions on Washington State land are initiated in District and Municipal Courts, called Limited Jurisdiction Courts.

Negligent Driving in the Second Degree

A Negligent Driving infraction is frequently charged when there is an accident or driving the officer believes is aggressive. It is defined as driving in a manner that is both negligent and endangers or is likely to endanger any person or property. RCW 46.61.525. There are defenses that may be raised based upon the usually limited evidence presented in negligent driving infraction hearings.

Using A Personal Electronic Device While Driving

The old cellphone law prohibited holding a phone to one’s ear. This allowed you to avoid the law by simply holding a phone away from your ear while making a call or texting. The new law closes this loophole by defining “use” as either (1) holding the device, or (2) using hands or fingers to retrieve texts, instant messages, photos, emails or other electronic data, or (3) watching video. It is still allowed to use an electronic device while pulled safely off the roadway; but, using a device while temporarily stopped at a light or otherwise is not OK. Learn more about Washington State’s new distracted driving law.

Why Hire Me As Your Criminal Defense Attorney?

I take the time to review the evidence and familiarize myself with the particular court in order to increase successful outcomes. I appreciate the trust you place in me to fight to protect your driving record. I understand that loss of driving privileges and higher insurance rates are my clients’ concerns. Hire me as your traffic attorney. We will challenge your speeding tickets, traffic infractions, traffic tickets and distracted driving tickets together. Call James Feldman now at (253) 759-4555, or contact me online.

Traffic Courts Served

Feldman Law practices law before traffic courts in Washington State counties and cities, including:

  • Pierce County, WA

    Tacoma, Fircrest, Puyallup, Bonney Lake, Auburn, Pacific, Buckley, Roy, Graham, Spanaway, Eatonville

  • King County, WA

    Auburn, Pacific, Kent, Seattle, Shoreline, Edmonds, Mukilteo, Bellevue, Black Diamond, Lake Forest Park, Kirkland, Redmond, Issaquah

  • Thurston County, WA

    Olympia, Lacey, Yelm

  • Kitsap County, WA

    Port Orchard, Bremerton, Silverdale, Poulsbo

  • Grays Harbor County, WA

    Aberdeen, Montesano

Last Modified: April 19, 2018