FREE CONSULTATION Guidance Ticket Options Licenses & Crimes
       
     
   
Locations
Payments
Click here to make
an on-line payment
 
"What Do I Do Now?" book cover
15 days to respond

Paying the Fine

Mitigation Hearings

Contested Hearings

Doing Nothing
HOME

ATTORNEY PROFILE

10 TIPS IF YOU GET STOPPED SPEEDING

TOP QUESTIONS

WAYS TO FIGHT & WIN!!!

HOW TO START
New book by Craig Cahoon
for the families of those facing criminal charges
  Bookmark and Share
Overview

Can I fight it myself?

Taking time off of work

Why hire an Attorney?

What does it cost?
License Suspensions

Crimes v. Infractions

Deferring a Ticket

Moving v. Non-moving

Court Watch
The moving violations that I represent clients on are: DUI, Physical control, Vehicular homicide, Vehicular assault, Reckless driving, Racing, Embracing, Hit and run (injury, death, or occupied vehicle), Attempting to elude a police vehicle, Driving while driving privilege suspended or revoked, Reckless endangerment of roadway workers, Driver under twenty-one driving or being in physical control of a motor vehicle after consuming alcohol, Driving or in physical control of commercial motor vehicle while having alcohol in system, Open container violation (driver), Negligent driving in the first degree, Negligent driving in the second degree, Hit and run (unattended vehicle or property), Disobey road sign, Disobey signalman, officer, or firefighter, Disobey school patrol, Speed too fast for conditions, Speed in excess of maximum limit, Speeding in a school zone, Failure to stop, Failure to yield right of way, Failure to keep to the right, Wrong way on a one-way street or rotary traffic island, Improper lane change or travel, Straddling or driving over centerline, Driving on the wrong side of the road, Crossing divider, Improper entrance to or exit from freeway, High occupancy vehicle lane violation, Improper overtaking or passing, Passing stopped school bus, Passing stopped private carrier bus, Following to closely, Following fire apparatus, Crossing fire hose, Driving on sidewalk, Driving through safety zone, Driving with wheels off roadway, Impeding traffic, Improper turn, Prohibited turn, Failure to signal or improper signal, Improper backing, Unlawful operation of motorcycle on roadway, Reckless endangerment, Failure to maintain control, Violation of license restriction(s), Violation of instruction permit restrictions, Violation of out-of-service order, Obstructed vision or control, Carrying persons or animals outside of vehicle, Carrying passenger in towed vehicle, Coasting on downgrade, Violation of child restraint requirements, Carrying child under the age of five years old on motorcycle, Carrying passenger improperly on motorcycle, No helmet, goggles, mirrors, windshield or face shield, Motorcycle handlebars above maximum height, Operating moped on freeway or sidewalk, Illegal, improper, defective, or missing vehicle equipment, Driving without lights, Failure to dim lights, Operating motorcycle without lights, No lamp, reflector, or flag on extended load, Unnecessary noise, Wearing earphones or viewing television in vehicle, Permitting illegal vehicle operation, Failure to secure load, Spilling load, Improper towing.
Translate this page
$199 Flat Fee On Most Infractions
Home   Domestic Violence   Criminal Driving   DUI   Web Resources   Contact Us   Cahoonbooks

Fighting a Traffic Ticket by Yourself

There are three major areas to cover in fighting your ticket: Starting, Discovery, and Applying the Law.
Starting

1.  Check the Contested Hearing box on your ticket.  Fill in your name and address, as
      required.

2.  Make a copy of the completed ticket.

3.  Mail the original to the address listed on the ticket within 15 days of receiving it.
Discovery

Discovery is the process of getting the police reports for your case. IRLJ 3.1(b) governs what you can ask for and how to get it.  Be aware that the discovery request must go to the prosector's office handling the ticket.  You can serve a prosecutor's main office but only if they do not have a local office at the court handling the ticket.  Always file a copy of your discovery request with the Court itself.

Speed Measuring Device Expert

One big decision is whether or not to request the presence of the Speed Measuring Device (SMD) Expert for a speeding ticket.  If you don't then the Court can rely on a Certification, assuming it meets the criteria of IRLJ 6.6
.

If you do make the request, it must be on a separate pleading from your discovery request.

Applying the Law

Once you receive your discovery, look it over carefully.  Find the specific statute you are accused of violating.  Most often, it is a Revised Code of Washington (RCW) number, like 46.61.400.  However, you can also be accused of violating a local city ordinance.

1.  Print out a copy of the statute.  Look up the RCW and caselaw at LegalWa.org.
     If it's a city ordinance, you can generally use Google to research it.

2.  Do the facts in the officer's report meet each of the elements of the statute?

3.  Was the citation properly sworn under 9A.72.085 or can it be suppressed under IRLJ 3.3(c)?

4.  Was the Speed Measuring Device used properly?  Did the Officer test the unit at the beginning and end of his/her shift correctly?

5.  There are many books and articles that will help you learn what needs to be in a report.  The King County Law Library has several good resources that discuss traffic infractions.

The downside to handling the ticket yourself is the amount of time and effort involved.  If you're willing to commit the time, you can save yourself $199.  If you would rather have me do it for you, I'd be glad to help.

Resources:

Infraction Rules for courts of Limited Jurisdiction:  IRLJ
Copyright 2012 The Cahoon Law Office - All rights reserved.

Disclaimer: Traffic Infraction or other driving defense information presented on this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a Washington State driving defense lawyer or attorney for a free initial consultation. This web site is not intended to solicit clients for matters outside of the State of Washington.

My driving defense law firm serves the following Western Washington communities, among others: Island County, Snohomish County, Skagit County, Alderwood, Arlington, Bellingham, Brier, Darrington, Edgewood, Edmonds, Everett, Gold Bar, Granite Falls, Index, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Tulalip, Mukilteo, Silvana, Smokey Point, Snohomish, Stanwood, Sultan, Woodway, Burlington, Clearlake, Concrete, Hamilton, La Conner, Lyman, Marbelmount, Mount Vernon, Sedro Wooley, Lake Forest Park
, South Whidbey.

I also serve the following Zip Codes: 98011, 98012, 98020, 98021, 98026, 98033, 98034, 98036, 98037, 98043, 98046, 98052, 98072, 98082, 98087, 98201, 98203, 98204, 98205, 98206, 98207, 98208, 98213, 98223, 98239, 98241, 98249, 98251, 98252, 98253, 98223, 98224, 98225, 98226, 98227, 98228, 98229, 98256, 98258, 98259, 98270, 98271, 98272, 98273, 98274, 98275, 98282, 98287, 98290, 98291, 98292, 98293, 98294, 98296
Google Map to Building
Mailing:

The Cahoon Law Office
3405 - 172nd Street NE, #5-242

Arlington, WA 98223

Meetings (appt. Only)

122 East 5th Street
Arlington, WA 98223
How may I help?

Call 866.529.5383

Fax 360.322.7360

cahoonlaw@gmail.com