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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.
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Ways to Fight Your Ticket and Win!

1.  How do I get started?  The first step in winning is requesting a Contested Hearing.  You only have 15 days from the date of issue to mail in your ticket.  If you wait too long, you lose.

2.  Did the Officer file the ticket with the Court in time?  The Court Rules limit the amount of time an officer has to file the Notice of Infraction with the Court.  If it is filed too late, then the Court must dismiss the ticket but only if you object.  No objection, no dismissal.

3.  Did the Court set your hearing within the time limit?  The rules limit the amount of time the Court has to set your case for hearing.  If they set it too far out then is subject to a motion to dismiss.  However, you have to file a motion for speedy hearing within the time limits set by law.  No objection, no dismissal.

4.  What law are you accused of violating?  Officers don t always get the law right.  Look at the actual language of the statute you are accused of violating.  Did you violate it?  Assuming you did is always a mistake.  Remember, you are accused of a specific action on a specific day.  Even if you did something wrong, the State can t convict you unless they have charged you under the correct statute.

5.  Do we have any witnesses?  If it comes down to a Judge deciding to believe you or the cop, which way do you think it will go?  Having independent witnesses can change the balance.  It would be great if we lived in a world where Police Officers were perfect, but they re not and they can make mistakes like everyone else.  Having independent evidence on your side can sometimes make all the difference in getting a ticket dismissed.

6.  Did the Officer come to testify?  If you subpoena the officer in the right way, he or she will have to come and testify.  If they don t show up, the case can be dismissed.  Some Courts will give the officer a "second chance" to come and testify while others will not.  But if you don t subpoena them, the Court can read their report and the Notice of Infraction and decide the case just on the officer s written materials.

7.  Did the Speed Measuring Device (SMD) Expert testify?  The law allows a Court to rely on a written certification that the laser or radar gun was working.  If you subpoena the SMD Expert correctly, he or she must appear, otherwise the ticket can be subject to dismissal - since the Court would be unable to determine in the speed measuring device actually worked.

8.  Can you reduce a ticket?  In some cases, yes.  If it looks like you are going to get convicted on your ticket, talking with a Prosecutor and negotiating a settlement can be a nice way to minimize the impact of the ticket.  For example, getting a ticket changed from a "moving" violation to a "non-moving" violation might make all the difference in your insurance rates.
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
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The Cahoon Law Office
3405 - 172nd Street NE, #5-242

Arlington, WA 98223

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

Call 866.529.5383

Fax 360.322.7360

cahoonlaw@gmail.com