Space Law Probe

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.