Why This Site Exists
I was pulled over and issued a speeding ticket in Kitsap County, WA a few months ago. I was able to hire a lawyer who got it dismissed. While the case was pending, I sat in on court and watched over 30 cases handled in about 15 minutes - with more than 90% of them dismissed for one of three recurring procedural reasons. As the banner above mentions: I'm not a lawyer, this isn't legal advice, and don't break the law and don't be a dick. That said, here are some things you may want to look into.
You may want to consider these steps.
These are the steps the lawyers took (roughly) to get all the cases dismissed. This applies statewide - including King, Pierce, and Snohomish counties - though your court or county may vary slightly.
Read and Respond to Your Ticket
Per RCW 46.63.070, you have 30 days to respond to your ticket. If you don't respond in time, you'll essentially be treated as guilty.
You likely have about four ways to respond:
- Pay in full - this is admitting guilt; the rest of this guide likely doesn't apply to you.
- Make a payment plan - also admitting guilt; the rest of this guide likely doesn't apply to you.
- Request a mitigation hearing - also admitting guilt, but essentially asking to "plead down."
- Request a contested hearing - the only option where you're not admitting guilt. Keep reading to see what may be available to you.
Check the Code Section(s) You're Cited Under
It's printed right on your ticket. In my case, this was speeding, and the section cited was 46.61.400.15.
To look it up yourself: search RCW 46, then find sub-chapter 61, then section 400. In my case, that led to RCW 46.61.400 - where subsection 15 doesn't exist.
Note this - it matters later.
So, What's Next?
You've responded to your ticket and researched the code section(s) you're alleged to have violated.
Now what? This is where it gets interesting...
As you can see from the recording attached, these are often able to get dismissed.
See caveats, below
File Discovery
To request discovery, serve a written demand letter on the prosecutor (and file it with the court) at least 14 days before your contested hearing. The standard is to send this to the prosecutor's office via Certified Mail with Return Receipt. Once you have the return receipt, file this with the Court Clerk's office (a copy of your request + proof that it was received), referencing your case number. Some locations allow e-filing. Check with your Court.
The prosecutor then has to provide discovery - the citing officer's sworn statement, any video or photo evidence, and witness names - at least 7 days before the hearing.
Demand Letter Template (.docx download)Subpoenaing the Officer / Inspecting Equipment
This guide does not get into these topics, though it may be beneficial for your case. Please see caveats below.
Show Up to Court
Show up to court, and take the time to be there in person. Do not "fail to appear" (FTA) - that can end up worse than simply pleading guilty (it sends you right back to step 1).
I also can't recommend responding by letter instead of appearing. What I saw happen to people who sent a letter: the officer's written statement was given more weight, and they were found guilty (back to step 1 again).
Know the Rules for Your Hearing
Three court rules/laws are worth knowing going in:
IRLJ 2.1(b), particularly subsection (4), requires the notice of infraction itself to state the accompanying statutory citation - the same citation you checked in step 2.
IRLJ 3.1(b) governs discovery: a written demand filed at least 14 days before your hearing entitles you to the citing officer's sworn statement, any video or photo evidence, and witness names - which the prosecutor must then provide at least 7 days before the hearing.
RCW 46.63.070(5) allows a once-every-seven-years "deferral" - see caveats mentioned below.
Note - in my opinion the deferral should be a "last choice" after other options are explored.
I'm in Front of a Judge, Now What?
Do you feel well-prepared reading the prior steps? You should - you got this! Here are some things you may want to consider saying:
- If your ticket quoted a wrong code number (from step 2), you can't be held to answer for violating a law that isn't there. You may want to ask that your case be quashed and dismissed under IRLJ 2.1(b).
- If you requested discovery but it wasn't provided to you, you were told it wasn't going to be sent, it wasn't sent in the format in which you requested in (i.e. you asked for it to only be mailed to you, but it was emailed), or it wasn't provided in a timely manner, you may want to ask that the case be quashed and dismissed under IRLJ 3.1(b).
- If neither of these apply to you, you could always ask for a continuance to a later date.
- If you haven't taken the deferral yet, this may be where you want to consider it.
Some Important Things to Consider (and Other Caveats)
A few things worth keeping in mind as you work through the steps above.
This Is a Guide, Not Legal Advice
A lawyer will always be able to do more research than what's covered here. If you're ever unsure about a step, reach out to a lawyer.
A Prosecutor Might Actually Show Up
In my instance, a prosecuting attorney did not show up. If a prosecuting attorney does show up, that would very likely change the game - you may want to hire a lawyer.
Subpoenaing the Officer
You can subpoena the officer to testify as to what occurred during your alleged incident. This may be beneficial, since it overrides any written statement the officer provided. The same idea applies to any speed-measuring equipment used against you - you may be able to ask about its calibration and maintenance records. This guide does not cover either topic in depth, and you may want to hire a lawyer.
IRLJ 3.3(c)The Once-Every-Seven-Years Deferral
The court can defer your case for up to a year instead of ruling right away, and dismiss it if you meet its conditions. You can only use this once every seven years - tracked separately for moving and nonmoving violations - and it's not available if you hold a commercial driver's license, were driving commercially, or are charged with second-degree negligent driving involving a vulnerable user.
RCW 46.63.070(5)