Should I Contest, Mitigate or Defer my Snohomish County Traffic Ticket?
There are a number of possible ways to resolve a traffic ticket in Snohomish County District and Municipal Courts. The simplest way, of course, is to pay the full ticket amount. If it were just about the fine, and nothing more, many of us would probably do this and move on. Everett speeding ticket lawyer Scott W. Lawrence explains some of the other options available to you.
Mitigation Hearing
“Mitigation” is a fancy word for “I admit I did it, and it should go on my record, but please have mercy on me and lower the fine.” Thus, in order to mitigate your Snohomish County traffic ticket you have to first admit that you committed the infraction. You can then explain why you committed the violation and ask the judge to mitigate (reduce) the fine. This is not the forum to argue why you think you are not guilty. While the judge may grant your request and lower the fines, most offenses will be reported to Washington DOL and your insurance company. Many Snohomish County Courts allow you to ask for mitigation by submitting a written statement through the mail. While you may save a few bucks initially, you often pay more in the long run in the form of raised insurance rates and missed job opportunities.
Traffic Ticket Deferral
A traffic ticket “deferral” means that final judgment on the traffic violation is postponed for a period of time (up to one year in Washington). If the driver has no new traffic violations during this period the traffic ticket is dismissed. You do not have to pay a fine, but the court can charge administrative costs. Washington state law allows you to defer one moving violation (e.g. speeding ticket) and one non-moving violation (e.g. no seatbelt) every seven years. Some offenses are excluded, such as school zone violations. If you qualify the judge then has the discretion to grant or deny your request for a deferral of your traffic ticket. Local court rules often control what the judge will do in any particular court. The problem with a deferral comes if you get another traffic ticket during the deferral period. You will not only pay for the new ticket, but a finding of committed will automatically be entered on the deferred infraction as well. This is a great way to go if you qualify and you are CERTAIN you are not going to get another ticket during the deferral period and almost as certain that you won’t be cited for another seven years. For all others, in my opinion, if you qualify for a deferred it makes more sense to hire a traffic ticket lawyer to handle your case. If the speeding ticket lawyer can beat your ticket or have the charge amended to something that does not get reported to DOL you can save the deferral for another time. If you have no defenses you can have the lawyer enter the deferral on your behalf without ever having to go to court.
Contested Hearing
A contested hearing is your chance to fight the traffic ticket on procedures and the facts. This is where you present evidence and make legal arguments against your guilt in front of a judge. Law enforcement is getting much more proficient and aggressive at the traffic ticket enforcement process. While most contested hearings are still won on technical defenses, the days when you could just subpoena the officer and hope he didn’t show up are long gone. Nowadays, more than ever, it takes a trained traffic ticket lawyer to spot and effectively argue the winning issues. In most cases a speeding ticket lawyer can handle your case without you ever having to set foot in the courtroom. The downside of this choice is it’s sometimes an all or nothing proposition. Dismissal or reduction versus committed as charged. A good traffic ticket lawyer will be successful a lot more often than not, but there are no guarantees (call for recent success rates in Everett, Lynnwood and Snohomish County). Whether you win or lose usually depends on how well the officer and prosecutor have completed all of the procedural requirements. NOTE: You must request a contested hearing within 15 days of receiving the notice of violation or you lose the right to fight your Everett speeding ticket.
Other Options
Some courts offer choices in addition to the three options above. An option offered in a few municipalities is the Stipulated Order of Continuance (SOC). An SOC operates essentially the same as a deferral above. You pay a fee, stay ticket free for the period of the SOC, and the ticket is dismissed. An SOC differs from a deferral in that it is a contract between you and the court, not a creature of statute. As such, there is no limit to the number of SOCs you can enter and you do not need to meet any statutory requirements (such as holding a valid Washington License). Your attorney may also be able to negotiate a dismissal or amendment of your speeding ticket upon completion of traffic safety school. Contact an attorney that is familiar with the operations of your traffic court to find out more about what your options are.
Please feel free to call (425) 488-8481 with further questions about your traffic ticket or to find out how an Everett speeding ticket lawyer can help you fight your ticket.
