The Best in Traffic, DUI and Criminal Defense
The Seattle DUI and Criminal Defense Blog
Posted Wednesday, May 22, 2019 by Andrew Charles Huff
A great dismissal today in Seattle Municipal Court of a Physical Control case involving some new automobile security features and whether a person could unlock a vehicle but not actually start the engine. Client walked back to his truck to sleep while others stayed inside the music venue. Although client had the key fob, his wife kept the actual key while she stayed inside the club. So client could unlock the truck but not start it. The Department of Licensing also agreed.
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Posted Friday, May 3, 2019 by Andrew Charles Huff
If you received a Washington traffic ticket recently, you might be wondering what to do next. The good news is not every traffic violation is the same, and most drivers can keep these tickets off their records, preventing costly insurance hikes.
Traffic Tickets & Types of Violations in Washington
The first thing you need to know is what type of ticket you’ve received. Washington traffic violations are classified as either moving or non-moving offenses. A speeding ticket is a moving violation while a non-moving violation includes having expired tabs or a parking ticket.
Examples of moving violations include:
SpeedingA red light or stop sign violationUsing a cell phone
Non-moving violations include:
Driving with expired plates or registration
How to Handle a Traffic Citation
I will request all discovery from the prosecuting attorney and then appear in court on the hearing date with the goal of keeping the ticket off your driving record.
However, if you simply pay the fine, the ticket will appear on your driving record as a ”committed” finding after being reported to the Department of Licensing.
What Happens With Too Many Tickets?
If you receive 4 moving violations in 12 months or 5 in 24 months, your license will be put on probation. Get another 2 more tickets and your driver license will suspended for a period of time.
Deferring a Traffic Ticket
Drivers in our state are allowed to defer a ticket and keep it from being reported to the DOL every 7 years. In order to defer a ticket you must request a deferral from the court.
Call me directly at 206-729-3477 and let’s discuss your case.
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Posted Thursday, May 2, 2019 by Andrew Charles Huff
If you are one of the many who have been cited by a Seattle Police Officer for speeding, not obeying a traffic sign, talking on your cell phone or other traffic violation, there are some important thigs you should know.
Immediately request a “Contested Hearing” by checking the box on your citation and mailing it into the court within 15 days. Also make a copy of the front of this ticket before mailing it in.
The court will immediately set a “Pre-Hearing Settlement Conference” with a magistrate. The purpose of this hearing is simply to ask for a lower fine. This is not the hearing in which you fight your ticket and keep it off your record. Instead, it is only a mitigation hearing to request a lower fine. However, the ticket will still go on your record.
Contact my office immediately to represent you in your hearing. With me fighting your ticket, I normally can keep it off your record and save you the time of appearing in court.
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Posted Thursday, May 2, 2019 by Andrew Charles Huff
If a person steals a snowmobile, are they stealing a “motor vehicle” or just a lawn mower?
This was the issue before our state’s Division III Appellate Court. Stealing a motor vehicle in Washington is a class B felony. But is a snowmobile considered a “motor vehicle” for purposes of this statute?
In a prior decision, the Court ruled that a riding lawn mower was not a “motor vehicle” for purposes of this statute. In the case of State v. Barnes, the court held that a riding lawn mower was not a “motor vehicle” for purposes of the theft statute RCW 9A.56.065. A “Motor vehicle” was defined as “‘an automotive vehicle not operated on rails; especially one with rubber tires for use on highways.’”
Therefore, the Court held that because a snowmobile is not a car or other automobile, a snowmobile is not a motor vehicle for purposes of RCW 9A.56.065.
State of Washington v. Julia E. Tucker, No. 35530-6-III
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Posted Wednesday, May 1, 2019 by Andrew Charles Huff
Most know that HOV or high occupancy vehicle lanes are intended to help Washington drivers move through busy freeways. They are sections of roadways designated for carpools, transit vehicles, ride-shares, and motorcyclists. The goal of HOV lanes is to encourage drivers to reduce their solo trips by allowing users to zip past stalled freeway traffic while reducing the number of vehicles in backed up lanes.
HOV lanes generally fall into two categories
Standard HOV Lanes – Most standard HOV lanes are on the left, typically with diamond symbols painted on the pavement and a solid white line separating them from other lanes. The minimum amount of occupants can vary between 2+ or 3+ persons per vehicle, depending on the highway and time of day. Motorcycles may use all standard HOV lanes, as may law enforcement and emergency vehicles.
Express Toll Lanes and High-Occupancy Toll (HOT) Lanes
These special lanes give solo drivers the ability to pay for faster travel by purchasing a Good to Go! passes. Toll rates vary between 50 cents and $9 depending upon traffic flow conditions. Carpools, vanpools, buses, and motorcycles may use the lanes toll-free. Trucks weighing more than 10,000 pounds aren’t allowed to use HOV lanes, although recreational vehicles of any weight may.
In Washington, violating an HOV rule is a traffic infraction under RCW 46.61.165. The courts treat these tickets like other moving violations, such as speeding or rolling through a stop sign or a speeding ticket.
What are the penalties of an HOV violation?
The current minimum fine for driving solo in a carpool lane in Washington is $136. An HOV violation is also a moving violation that will appear on your driving abstract if found committed and like all moving violations, it will remain on your driving record for three years.
If you have been cited for an HOV violation or any other traffic ticket, call me directly at 206-729-3477 and let’s discuss your matter.
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