Space Law Probe

February 24, 2010

Washington traffic law and yielding to pedestrians when turning.

Filed under: Traffic Law — admin @ 6:16 am

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.

February 15, 2010

U-turns in the state of Washington. Under what conditions will I need a good Washington traffic attorney?

Filed under: Traffic Law — admin @ 6:15 am

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.

February 11, 2010

Washington State traffic tickets issued by cameras.

Filed under: Traffic Law — admin @ 1:01 pm

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.

When should you hire a Washington traffic attorney to fight your speeding ticket?

Filed under: Traffic Law — admin @ 12:59 pm

If you are thinking about hiring a Washington ticket lawyer, please contact us well before your hearing date.  Hiring a WA State traffic attorney after you have already gone to court and lost the hearing is a bit like trying to unscramble an egg.  No matter how hard we may try, it’s very, very hard for us to get that toothpaste back in the tube.

At this point, the damage has really already been done.  We can often do a lot to help keep a ticket off of your record if you hire us BEFORE the hearing.  Unfortunately, if you hire us afterwards, everything becomes much more complicated.  

One of our Washington traffic attorneys will be forced to try and figure out what evidence was put into the record, whether any objections were properly made, and what the testimony was allowed into the record.  We will also have to review the judge’s specific findings and rulings.  We are also extremely limited on what we can argue during an appeal. 

An appeal is not an entirely new trial.  Only certain aspects of the original trial can be re-argued.  It is also very expensive – both in terms of time and in terms of filing fees.  Generally, it is very cost prohibitive to hire an attorney to appeal a Washington traffic ticket.  The one exception to this rule is where the conviction will result in a license suspension.  In such situations, it may make sense to have an experienced Washington traffic lawyer file and argue an appeal.

Here’s the moral of the story:  An ounce of prevention is far better than a pound of cure.  If at all possible, hire a WA State traffic lawyer as soon as possible after your are issued a ticket.

February 10, 2010

Where should I pull over when being stopped?

Filed under: Traffic Law — admin @ 12:57 pm

Our Seattle traffic ticket attorneys see people getting pulled over for speeding all the time on the freeway.  I’m sure you do too.  Often, the person about to be issued a WA State speeding ticket is in the left lane.  So, they often pull over to the left hand shoulder – some are even specifically directed to do so by the officer. 

Recently, however, we encountered a ticket a gentleman received for pulling over to the left hand side when being stopped for speeding.  Incredibly, the Officer felt it was necessary to additionally charge him with RCW 46.61.210 (failure to yield to emergency vehicles) which requires you to pull over to the right side when an emergency vehicle approaches you with a siren on.

RCW 46.61.210

Operation of vehicles on approach of emergency vehicles.

 

(1) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle properly and lawfully making use of an audible signal only the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

Frankly, our Seattle traffic lawyers were appalled.  We think it is ridiculous to receive a $1,062 ticket for pulling over safely to the left rather than cross two or three lanes of traffic on a busy highway.  It appears clear that statute was intended to apply in situations where the officer is trying to pass you rather than pull you over.  Nevertheless, pull over to the right unless the officer specifically directs you to the left.  Otherwise, you might be issued very expensive Washington ticket.

You should never be issued a Washington traffic ticket for lawfully turning from a two-way street onto a one-way street.

Filed under: Traffic Law — admin @ 12:56 pm

Many people do not realize that it is perfectly legal to take a left turn on a red light from a two-way street when you are turning onto a one-way street.  This kind of turn is specifically authorized by statute. 

RCW 46.61.055 (3)(a) states as follows:

However, the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement.

Our Seattle traffic ticket attorneys almost never see people utilizing this little known but extremely handy traffic law.  It seems that many people who are aware of the law are actually worried that an officer will not know the law and will pull them over when they make that left turn.

A friendly reminder to everyone out there – sign your registration card!

Filed under: Traffic Law — admin @ 12:55 pm

Our Washington traffic lawyers are frequently asked about vehicle registration and its importance.  Our answer is always the same.  It’s very important, especially if the cop who pulled you over is in a bad mood.

Officers regularly ask for your license and insurance.  And, you can actually get a ticket if the registration is not signed.  We have seen many of these tickets over the years, especially if the officer perceives you are being rude and uncooperative.  Now, these tickets not pop up very often because most officers are reasonable. 

But you need to be aware that they can and do come up.  The bottom line is that it’s a citable offense, and an expensive one.  Don’t let yourself become one of our WA State speeding clients who is also issued a Washington traffic ticket for an invalid registration.  It’s not worth it.  Just make sure that your vehicle registration card is current AND signed.

February 9, 2010

Always remain calm when being issued a Washington State speeding ticket.

Filed under: Traffic Law — admin @ 12:54 pm

Being issued a Washington traffic ticket is always very frustrating and extremely irritating experience.  And, at times, it can also be extremely upsetting.  Despite this, it is absolutely imperative to remain calm both during AND after the stop. 

Being rude and angry with the Officer issuing you a WA speeding ticket is not going to help your situation.  It’s only going to make matters worse.  And, it may also lead to your being cited for additional infractions, even if they are unfounded.  The Officer is also going to include in his narrative a specific section detailing that you were extremely rude and uncooperative.

As you can imagine, judges and prosecutors don’t like to see these kinds of notations.  Our Washington traffic attorneys have also even seen specific notations in the citing officer’s reports requesting that the judge and/or prosecutor handling your WA State speeding ticket should not cut you any breaks. 

Even worse, I have seen incidents where people speed off after being issued a Seattle speeding ticket only to be pulled over immediately again by the very same officer and issued ANOTHER ticket.

February 8, 2010

What do I do after an accident that results in a Washington traffic ticket?

Filed under: Traffic Law — admin @ 12:53 pm

When you get into an accident, try to take pictures of everything afterwards, especially if you have inappropriately been issued a Seattle traffic ticket for Failure to Yield, Following too close, or Failure to Obey Sign.

Take pictures of the road, the signs, the cars, and anything else that might be relevant in fighting your infraction.  Most people now have cameras with their phones.  So, it is easy to do.  This could help with both your insurance claims and also with defending against any possible WA State tickets that were issued as a result of the accident.

A series of photos is going to hold a lot more weight in traffic court in proving what actually happened, as opposed to one of our Washington traffic attorneys simply calling you testify.  This often results in a situation where it’s simply your word against the word of the other driver, who want to see you convicted so they can move forward with their personal injury claim.

February 7, 2010

Never admit anything after being stopped by a Washington traffic ticket officer.

Filed under: Uncategorized — admin @ 12:51 pm

One of favorite tricks used by police officers issued Washington speeding tickets is to try and seemingly innocently inquire about your alleged violation.  They know that anything you say can be used against you and will make the job of our Washington traffic attorneys harder.  Don’t take the bait.

If an officer asks you these questions:

Do you know why I pulled you over? 

Do you know how fast you were going?

 

Never admit to breaking the law!  If you feel the need to admit to a little sin in the hopes of covering for a larger one, here’s our suggestion:  Don’t do it!  If you were speeding 20 mph over the speed limit and then admit to the cop that you were “only” going 10 mph over, you just admitted to breaking the law.  

This admission will never help your cause.  Because of this state’s dire revenue situation, it’s impossible to talk yourself out of a Seattle traffic ticket these days.  It’s just not going to happen.  Those days are gone forever.  It’s become big business.  If you admit to speeding, it makes the job of our Washington speeding lawyer much more difficult.  At this point he or she now has to not only argue that the citing officer’s speed reading should not be admitted into evidence, but also that your statement is unreliable or not credible.  This is often very problematic. 

Here’s the moral of the story:  Don’t dig yourself into a deeper hole with your mouth.  Keep it closed.  In most situations, a driver’s speed is constantly in flux.  So, it’s impossible to know exactly how fast you were going at the moment the officer decided to stop you and issue a Washington speeding ticket.  As a result, you can simply answer “no” when the officer asks you if you know how fast you were going.

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