Driving Trainigs

Traffic Court 101: Discovery

I don't have very much experience with traffic tickets. I've only gotten 3 in the nearly 20 years that I have been driving. The first was when I was 19. I went to court with my dad and explained what had happened (mitigate). The judge cut the ticket in half and we went on our way. The second was a few years ago. If I knew then what I know now, I would have contested it. But I didn't and the easiest thing for me to do at the time was to just pay the fine. The third was just a few months ago. My What To Do When You Get A Ticket Helper taught me a little something about discovery. I think everyone should have a Helper. Discovery is a magical concept to me: the formerly un-informed. And in Washington State, it works like this: <a name='more'></a>If you receive a traffic infraction, it is your right to ask for a copy of the officer's sworn statement and the names of any witnesses not identified in it. If you were pulled over for speeding and don't know how fast you were going (like most of us who drive with the flow of traffic), how do you know that you can trust the speed measuring device? How do you know that law enforcement isn't having trouble with their finances and need to boost revenue by issuing citations? Sounds simple, right? It is. From what I understand, half of the time the prosecutor never mails it to you. If they don't respond then you are not able to get information on why you were pulled over and what speed measuring device (SMD) was used or what specific laws were being broken. Thus, if you never receive the discovery then the officer's statement cannot be entered into the equation for judgement. The evidence is suppressed and the ticket dismissed. What?! Yes, you read that correctly. They have to send it. So what did I do? I made my request and hoped they wouldn't respond. Unfortunately for me, they did respond. I received not only the officer's statement but also the speed measuring device expert witness information from the County Prosecuting Attorney. What I didn't know about (or do) was subpoena anyone. There are rules to that have to be followed for subpoenas pertaining to advance notice and serving, so if you are in this situation, consult with the <a href="http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=IRLJ&ruleid=cljirlj3.1">court rules</a> for details. Bottom line, while sitting in the courtroom, I watched several lawyers get their cases dismissed due to lack of response to the discovery request. Cases were over in less than a minute. And perhaps only half of the people like me had even requested them. That was the sad part for me. This is one reason why I want to educate my readers. It's such a simple thing to do and not enough of us know about it. I will close this post with a sample discovery letter. Next post: what to do when you receive the discovery letter. <blockquote>[date] Dear [name] County District Court [name] Division Clerk, I received a traffic infraction on [date]. It is infraction number: [ticket number]. Pursuant to Rule 3.1 of the IRLJ <ol><li>A copy of the infraction report;</li><li>A copy of the officer's sworn statement;</li><li>A copy of the SMD certification forms. Please include calibration test date for the particular SMD used for the infraction, and the test date for the tuning fork used to calibrate the SMD device on the day of my ticket;</li><li>A copy of the speedometer certification forms. Please include the calibration test date for the particular speedometer used for my infraction;</li><li>A list of witnesses the State plans to call;</li><li>A copy of my driving record;</li><li>The filing date for my ticket; and, </li><li>Any other information in my file.</li></ol>Please send this information to me at the following address: [your address] Thank you for your help in this matter. Sincerely, [your name and signature]</blockquote>

Traffic Court 101: Discovery

I don't have very much experience with traffic tickets. I've only gotten 3 in the nearly 20 years that I have been driving. The firs...

Traffic Court 101: Options If You Get A Ticket

Do you remember that post not too long ago that spoke about a little problem I have? I like to think of me picking up speed as I drive down a hill near my home as saving my brakes. Because really, who wants to replace brakes all the time? And in order for me to stay within the speed limit, my brakes need to be engaged for about .75 miles. And that's a lot. Well, that's not what the officer who pulled me over said. And I was upset. Disappointed with myself, I know better. Upset at the officer who <a name='more'></a>tagged me with his radar while sitting at a stop sign. Who does that?! Long story short, I contested the ticket and went to court. My next few posts will be explaining some things that I believe everyone should know. First, follow traffic rules or have solid reasons for not, you may be defending those choices in court. Second, be prepared to defend any statement you make to an officer. If you get pulled over for speeding and you admit that you knew the speed limit and knowingly exceeded it, then you cannot retract that statement later in court. Just because you got pulled over does not mean you committed an infraction. Maybe you did. Maybe you didn't. Maybe the radar was calibrated that morning. Maybe it was tested 3 years ago instead of less than 2 years. Maybe the speed limit sign was obscured by trees. Maybe your seat belt was unbuckled because you were at a stop light and getting something out of your pocket. Perhaps, you didn't really cross a double yellow line to pass but the officer was two cars behind you and wasn't able to see the break in the line when you passed  couple of cars. There are a ton of variables here. Too many for you to process on the spot. I do not know everything about getting tickets and what to do if you get them. In reality, I have very little experience in this area. But I am determined to share what little I did learn from my peers as I sat in the courtroom. I want to help educate others about the vocabulary used in the courtroom and to help you understand what resources are available to you if you are pulled over. Let's begin. If an officer gives you a ticket, you have 3 options. 1. Pay it. This is the easiest option to take and the majority of those who get tickets just pay the fine. 2. Mitigate it. You appear before a judge and explain what was going on when you were cited. Perhaps, the judge will reduce the penalty. 3. Contest it. You appear before a judge and explain the circumstances around the ticket. You may chose to bring in photos of the area. You may present evidence. You may subpoena expert witnesses. The judge will determine that you "more likely than not" did or did not commit the infraction. You must choose which option is best for you and then send your reply back to the court or pay the fine. Next post: After making your choice, what resources are available to you for looking into your own guilt or innocence?

Traffic Court 101: Options If You Get A Ticket

Do you remember that post not too long ago that spoke about a little problem I have? I like to think of me picking up speed as I drive down ...

Changes To The Driving Test In October 2010 - Independent Driving

There will be two important <a href="http://www.squidoo.com/driving-test-october-2010-changes">changes to the UK driving test</a> commencing on 4th October 2010: <div class="separator" style="clear: both; text-align: center;"><a href="http://i2.squidoocdn.com/resize/squidoo_images/250/draft_lens12261161module111263741photo_1279891496driving-test-changes-octo" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" hw="true" src="http://i2.squidoocdn.com/resize/squidoo_images/250/draft_lens12261161module111263741photo_1279891496driving-test-changes-octo" /></a></div>1) a new section on independent driving, 2) a reduction in the number of reversing manoeuvres candidates will need to do   For more information about the changes to the driving test and how this will affect test candidates please see:   <a href="http://www.squidoo.com/driving-test-october-2010-changes">Driving Test October 2010 Changes</a>

Changes To The Driving Test In October 2010 - Independent Driving

There will be two important changes to the UK driving test commencing on 4th October 2010: 1) a new section on independent driving, 2) a re...

UK Road Signs Quiz - Prepare For Your Theory Test!

<div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">How well do YOU know your road signs?</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"> </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhi7bij4LhqoO5FRRrKtyPVXOQy_0wSBRhiJXGXoj2tVQ4rdujITMQOl3hVFYd1Nj5v_WhLOufPWINO890lEnqtqB-PQJFHBxskJwhdlvgjwjhpKKuveHD3_Q_RmJ1fx_1IbaUjc7iKDpQQ/s1600/Traffic-signs-11.JPG" imageanchor="1" style="clear: right; cssfloat: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" hw="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhi7bij4LhqoO5FRRrKtyPVXOQy_0wSBRhiJXGXoj2tVQ4rdujITMQOl3hVFYd1Nj5v_WhLOufPWINO890lEnqtqB-PQJFHBxskJwhdlvgjwjhpKKuveHD3_Q_RmJ1fx_1IbaUjc7iKDpQQ/s320/Traffic-signs-11.JPG" /></a>How good are you at identifying road signs? </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"> </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">Can you tell the difference between the "ahead only" sign and the sign for "one-way traffic"? Do you get the signs for "no stopping" and "no waiting" mixed up? Even drivers with many years experience get confused by unfamiliar road signs!</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"> </div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;">When you take your Theory Test you'll be expected to be able to identify several UK traffic signs during the test and when you're driving, a thorough knowledge of traffic signs and road markings will make you a much safer driver!</div><div style="border-bottom: medium none; border-left: medium none; border-right: medium none; border-top: medium none;"> </div>Test your knowledge of UK road signs with this free 20 question traffic signs quiz: <a href="http://www.squidoo.com/know-your-traffic-signs-quiz">Know Your Traffic Signs Quiz</a>

UK Road Signs Quiz - Prepare For Your Theory Test!

How well do YOU know your road signs? How good are you at identifying road signs? Can you tell the difference between the "ahead only...