1.    What does a traffic ticket really cost? 

The cost of a ticket is generally broken into three parts: 1.  the fine listed on the ticket, 2.  the increased auto insurance premiums, and 3.  the consequences to certain type of jobs.  The fine amount is easy, just look at your ticket.  The insurance effects are dependent on your driving record and the insurance company you’re with.  The jobs most impacted by common traffic tickets are ones where you drive as a part of your employment.  Whether you hold a CDL or simply do deliveries in a private vehicle, you don’t want any moving offenses on your record.

2.     If I hire an attorney, do I need to go to court?

No, the vast majority of my clients will never see the inside of a courtroom.  The only time I would need you with me is if there is testimony that only you can provide.  This happens in less than 1% of cases.  If I did need you with me in Court for some reason, we would talk about that well in advance.  

3.    If my ticket fine is less than $199, is it still worth it to hire an attorney?

Yes, in most cases.  That’s because the face value of the ticket is only part of what you pay.  Check with your insurance company and ask them what will happen to your rates over the next three years if your ticket is found committed (but ask as a hypothetical – do not admit that you received a ticket).  Also, if you fight your ticket on your own then you will need to appear for the court hearing.  If you are required to take time off work, then how much does that cost?

4.    Why hire an attorney?  There are just a couple of reasons to hire an attorney:  First because your chances of success go up.  Second, because it makes the whole process less stressful.

Success
Often times, your best chance for beating a ticket is to require the State to follow its own laws.  There are many notice and timing requirements that the State must follow.  These laws were put in place to protect citizens.  Most of the protections, however, are not automatic.  You must know when and how to object to a violation if you want to use it as a basis for getting a ticket dismissed.

Less Stress
Let’s face it, most people never go to court.  The thought of having to stand in front of a Judge and explain yourself in public scares the heck out of most people.  Even if you are someone accustomed to speaking in public, what are you going to say?  Now combine that with the frustration of having to take time off work.

An attorney can appear for you.  This means that you don t have to take time off work or go through the process of "pleading your case" to the Judge.  In the rare cases where your testimony is necessary, I will need you there with me - but I will be presenting our case to the Judge - so you don t have to.

5.    What does the lawyer cost?

Most infractions are handled for a flat fee of $199.  If your ticket has more than one violation (like speeding plus no insurance), I add $50 per additional violation within the same ticket. For example: A speeding ticket with a no insurance would be $199 + $50 or $249.  If you have any billing questions, call us or email. Your total out of pocket cost will depend on the outcome of the case.  If I get your ticket dismissed, then you have my fee but that is all.  If I need to get your ticket amended to a non-moving offense or into a deferral type program, then it's my fee plus the cost of the amended ticket or the administrative fee for the deferral program.

6.    Can I really beat my ticket? 

Yes.  It is easy to get stuck in the idea that the Judge will just believe the officer and fighting a ticket is a waste of time.  The reality, however, is different.  Just like you, the State must follow the law and violations will lead to dismissal of your ticket.  When you are issued a ticket, it is for a specific violation of the law.  By carefully reviewing that law and the facts of your case, we can often discover defenses that you did not realize were there.

7.    Will it cost me more if I lose a Contested Hearing? 

No!  You have a right to demand that the government prove the allegation against you.  The fine will NOT be higher if you request a Contested Hearing and lose.  Since I will waive (give up) my fee if I cannot either beat your ticket outright or get you the option to have it reduced to a non-moving offense or into a deferral type program for you, you have no downside risk.

8.    Can I talk with you before I hire you? 

Yes.  I offer a free initial consultation - take advantage of it!

9.     Can I fight it myself?

Yes, but there is a steep learning curve.  You will want to concentrate on three major areas in fighting your ticket: Starting, Discovery, and Applying the Law.

 Here’s how:

Start by sending the ticket back to the court

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

b.  Make a copy of the completed ticket.

c.  Mail the original to the address listed on the ticket within 15 days of receipt.

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 prosecutor'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.  Whether it’s a state law (RCW) or 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 RCW 5.50 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:  IRJL

 10. What would you do if you had a ticket?

Clients ask me all of the time: If this were your ticket, what would you do? The answer: Fight it. There is simply no good reason to pay your ticket without seeing if you can do better. The reality is that most tickets are either dismissed or amended to non-moving offenses BUT that won’t happen unless you choose to fight it!