Space Law Probe

Our Washington traffic lawyers have been asked several times over the years if it is illegal to change lines while crossing an intersection. I think this was a rule instilled in many of us during driver’s education. I have never seen a single ticket issued for someone making a lane change in an intersection, and, to the best of our knowledge, there is no statute expressly barring that movement.

If the lane change is unsafe or you fail to signal, then such a change would still violate RCW 46.61.305. If you make a lane change in an intersection and then make a turn in the same intersection, that would violate RCW 46.61. 290, which requires someone to approach the turn in the applicable lane.

Here’s the bottom line: If you make the lane change safely and with a proper signal, it is legal to do so in an intersection. It should never result in a Washington traffic ticket being issued. If you are, however, issued a ticket, you should definitely challenge it.

Unfortunately, most people receive Washington speeding tickets and traffic tickets on public roads and highways.  It is widely known these tickets are civil infractions which are fought in Municipal Courts and County District Courts.  Most people, however, do not know what happens when you get traffic tickets in National Parks, on Federal land, or on Military Bases. 

Incredibly, even though these traffic tickets are issued in Washington State, they are still considered crimes and must be fought in Federal court!  If you receive one of these tickets, you must take them very seriously because you are actually being charged with a crime.

And, if you want to fight the ticket, you must go through the criminal process.  Like all criminal cases, you will have to plead not guilty at an arraignment and then have a bench trial with a federal prosecutor present.   If the ticket is on a military base, the prosecutor will be in the military!  These Washington traffic tickets can still be successfully fought and resolved.  But it is best to hire an experienced WA State speeding or traffic ticket lawyer to do so.

Many people do not realize that each state handles speeding and traffic tickets differently.  Some states still consider some traffic tickets, such as speeding, a criminal offense. Washington State, on the other hand, began designating traffic tickets as infractions several decades ago.  This classification is important for a couple of reasons. 

Let’s start with the good news.  Because Washington speeding tickets are no longer a criminal offense, jail time is no longer a possible punishment, only a fine.  The bad news, however, is that the burden of proof for the Government has been dramatically lowered for all WA State traffic tickets.  A Washington speeding ticket has a much lower burden of proof than a criminal speeding charge in a state that has not decriminalized traffic infractions.

In a criminal case, the state must prove beyond a reasonable doubt that you committed the offense.  With a civil Washington state speeding or traffic infraction, the city or the county just needs to prove its case by a preponderance of the evidence, more probable than not, meaning 50.0001%. 

Additionally, under WA State traffic law, the citing officer is allowed to testify through a written report.  He does not have to be present at your hearing unless you specifically subpoena him to be present.  In most cases, it is not in our client’s best interests to subpoena the citing officer because they will often magically remember things on the witness stand that help the state’s case.  Still, we do subpoena officers in Washington State traffic cases when we believe that it will be in our client’s best interests.

Additionally, it’s important to note, however, that if you are alleged to have committed a traffic violation on federal lands, such as a National Park, Military Base, or other Federal Lands, you will probably still be charged with an actual crime because these violations have never been decriminalized.  Thus, if it is alleged that you were speeding in a National Park, you should retain an experienced Washington speeding attorney to assist you in challenging your ticket.

Here is a list of things not to do when you get pulled over for a Seattle traffic ticket: exit the car quickly, make quick movements with your hands under your seat, and refuse to sign the ticket.  In the eyes of most trained law enforcement officers, these are all signals of trouble and aggression, which often led to severe consequences. 

For example, in 2004 Malaika Brooks refused to sign her speeding ticket.  Astonishingly, police officers pulled her out of the car in front of her son and used a Taser on her … three times.  Oh, and she was seven months pregnant.

While this sounds like a ludicrous and completely unjustified action by Seattle police officers, their actions were recently upheld by the 9^th Circuit Court of Appeals.  Incredibly, the three judge court ruled 2-1 that force was justified.  Frankly, the 9^th Circuit’s ruling borders on the frightening given the salient facts at issue her.

In any case, here’s is my two cents on what to do if you are pulled over for a traffic violation by Seattle police.  First of all, pull over as quickly and safely as possible.  Politely identify yourself and provide your driver’s license, registration, and proof of insurance.

No matter what, don’t be aggressive, threatening, or belligerent.  You will only make things worse.  And, most important, never admit guilt.  Not knowing exactly how fast you were going or what you may have done wrong is always better than admitting guilt because any admissions that you make by the side of the road will be admissible at your contested hearing.

In general, the less said the better.  In today’s world of dwindling municipal budgets, you are NEVER going to talk yourself out of a ticket.  Our advice, don’t even try.  You will inevitably only make things worse.  Then hire an experienced Seattle traffic ticket attorney to properly contest and fight the alleged violation.

Hall of Fame quarterback Warren Moon, 51, who was both a University of Washington and a Seattle Seahawks QB, plead guilty to the reduced charge of negligent driving, for his arrest on suspicion of a Washington DUI on December 28, 2007. 

Moon was arrested by Medina police and refused field-sobriety tests and a breathalyzer test.  He was charged with his WA State DUI at the Kirkland Municipal Court.  Judge Michael Lambo sentenced Moon to a 90-dail jail term, with 88-days suspended and a $1,000 fine, with $500 of that suspended.

Moon will either serve two days in jail or five days of electronically monitored home detention.  In addition, he was placed on two years of probation and was ordered not to consume alcohol for 24 months.  Moon obviously retained an experienced Seattle DUI attorney to assist him, which was very smart.

Moon, who quarterbacked the Husky football team to a Rose Bowl victory in 1978, is currently a member of the Seahawks’ radio broadcast team. In the next few days, it is expected that Moon will have a press statement or a news conference regarding his legal issues.

It is not known yet if he will be subject to a review hearing at the Northeast District Court, for violating his probation on a negligent driving conviction from an arrest in April of 2007.

Looks like Cell Phone laws in the State of Washington are going to get stricter – Especially for the non-voting population….

The House approved a measure which will bar 16 & 17 year olds from using a cell phone in any manner – whether it is for calls or texts.  These would be considered primary offenses which mean you can be pulled over for it.  A good Washington State traffic attorney should be able to help you if you have been issued on of these citations.  But it remains to be seen how this law will be enforced.

Additionally, texting at any age would also become a primary offense.  Again, however, it remains to be seen how Washington law enforcement will implement practices to enforce this law.  I mean, how will an officer know if someone is texting or just looking down at their phone.

Another critical question now is what will happen if someone is pulled over only for talking on a cell phone but turns out to be older than 17? 

We now have to wait to see if the Senate will agree with the house.  Stay tuned.

So, on March 3, 2010, US District Court Judge Coughenour dismissed the well known lawsuit regarding traffic-camera tickets in the state of Washington.  This was a bit of a shock to all Washington traffic attorneys.

It is disappointing that the Court did not look closely at the legislative intent when permitting Washington State traffic camera tickets.  The legislature intended for the tickets to be in the $25 to $40 range – like a parking ticket – not in the $101 to $124 range.  Obviously, these tickets are in place to generate money for the cities, and the cities are going to fight hard to keep this money. 

Supposedly, each ticket has to be reviewed by the contracted company followed by a City Officer.  I am skeptical that this is truly done with every Washington traffic ticket issued through the camera laws.  I have seen several tickets that never should have been filed, i.e. an ambulance with its flashing lights on going through a red light.

One of the biggest unknowns for most drivers are the requirements for yielding to pedestrians when making a turn. 

RCW 46.61.235 clarifies this issue.

(1)   The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section “half of the roadway” means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.

Basically, you want the pedestrian to be on the other half of the road from you or a minimum of one lane away.  The tricky part is dealing with one way streets with numerous lanes.  Technically, if someone is walking across a one-way street, you have to wait for that person to cross fully even if they are three lanes away.

If you have recently been issued a citation for violating RCW 46.61.235, we encourage you to retain an experienced Washington traffic attorney.  It’s probably your best chance of fighting the ticket and keeping it off your WA State driving record.

People ask our Washington ticket lawyers all the time when is it legal to do a U-Turn in WA State.  For some unknown reason, many people think it is some taboo illegal act.  This is simply not the case.  The law is actually relatively straight forward.  According to RCW 46.61.298:

(1)   The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.

(2) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.

Bottom line, if it is safe and you don’t interfere with traffic, you probably can do it.  One thing that needs to be pointed out is “interfering with other traffic” can include the traffic behind you.  Our WA traffic lawyers have reviewed a number of police reports over the years where people are attempting a U-turn only to get T-boned by the car following midway through the turn.  You need to watch out for oncoming traffic AND following traffic.

Many people still ask our Washington ticket attorneys if camera tickets that you receive in the mail will go on their record.  The DO NOT.  Washington State camera tickets are different than similar tickets found in other states, such as Arizona.  Unlike in Arizona, the cameras are not allowed to take pictures of the driver of the vehicle.  Because of that, there is no proof of who was actually driving the vehicle at the time of the alleged WA traffic violation.  Thus, it is treated like a parking ticket.  Just like a camera ticket, you do not know who parked the car.

However, unlike a parking ticket, if you received a Seattle traffic ticket by camera but you were not the driver of the vehicle, you can send the court an affidavit swearing under the penalty of perjury that someone else was driving.  The court will then dismiss the case.