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Jan 12th 2020, 08:29 PM   #1
 Willow's Avatar
 
  Jan 2016
  Silverdale, WA

  848evo, DRZ400SM, XR100
Ticket

All (well...most of us....) have gotten speeding tickets. I had a friend, recently, got pulled over for speeding. She got a ticket, but it was a "Non-Traffic" infraction, called "Inattention To Driving," code: 10.04.034. It's for 136 dollars. I've never heard of this. Something new, or has always been, and this officer decided to do something different (trying to be nice, so it would not go on record, but still make some revenue)? Have any used a lawyer for this type?
Jan 12th 2020, 09:25 PM   #2
 jared p's Avatar
 
  Jan 2016
  here

  there
Always use a lawyer to get ticket changed to some sorta non moving violation
Jan 12th 2020, 09:52 PM   #3
 Willow's Avatar
 
  Jan 2016
  Silverdale, WA

  848evo, DRZ400SM, XR100
Quote:
Originally Posted by jared p
Always use a lawyer to get ticket changed to some sorta non moving violation
This is a "non traffic" infraction. Not a moving violation, as I understand it, so not going to go on any driving record........

Don't really need to lawyer up, I guess. Pay less money just paying the ticket instead of a 250 dollar lawyer fee.
Jan 12th 2020, 10:25 PM   #4
 MikeMikeMike's Avatar
 
  Feb 2016
  Seattle

Yeah just pay it. Non-moving for $136 is going to be cheaper than hiring a lawyer. It might be worth filing for discovery, maybe the Officer had a weak case and decided this was the best way to get the fine paid. Or the Officer was cutting your friend a break.

To file for discovery, obviously contest the ticket, find out to minimal number of days required under the statute (IRLJ 3.1 or something), file for discovery (is subpoena the officers notes) such that you are just barely within the legal window, then see if they respond in time, finally read their notes and determine if the Officer proved the case.
Jan 13th 2020, 05:00 AM   #5
 Pavement Tested's Avatar
 
  Jan 2016
  Seabeck

  '08 GSX1300R, '06 GSX-R 750, '16 KTM 690 Duke
I'm not sure if it's a county or state thing but the inattention to driving thing has been out for.a while. It is 100% revenue generating. Kitsap county doesn't drop moving violations anymore unless the accused can prove without a doubt there was no infraction. The burden of proof is placed on the defendant, not the prosecution like it should be in our legal system. The go to is "down grade to inattention to driving, you won't get a hit on your insurance" and people take it.

According to a lawyer a few years back, the Kitsap county prosecutors office got tired of traffic cases getting thrown out because cops weren't showing up to hearings and lack of prosecution staff to be able to be in court so they dreamed up this to generate the revenue to have staff in traffic court so judges would stop dropping charges. There's always representation for the prosecution in court now.

This is about the best you can hope for these days unless your friend has 100% proof of no wrong doing and that's damn near impossible since they will find any way possible to get money out of you for ANY reason. Did you know it's a non-moving violation and $136 fine if your registration paper is not signed?

I've never received one of these violations. I've got experience through others close to me and conversed at length with those who have daily courtroom experience.
Jan 13th 2020, 07:53 AM   #6
 VeritasImageryNW's Avatar
 
  Jan 2016
  Allyn, WA

  '06 HD Street Bob, '85 Yamaha FJ600, '99 Honda CBR600f4
Quote:
Originally Posted by MV Man
We're not on commission.
No one said anything about being on commission. But quotas/incentives are real. My Law Enforcement professor who had been both a Kitsap Deputy and a Bremerton PD captain talked a lot about how the traffic officers had monthly "incentives" that determined performance evals. He talked about how there were always the two different kinds of guys in the traffic division, those who tried to fill their incentive at the beginning of the month, and those that put it off until the last week.

He also had not many nice things to say about State Troopers. One of his favorite comments was "If it doesn't have taillights, they have no clue how to deal with it."
Jan 13th 2020, 08:00 AM   #7
 Flyboymedic's Avatar
 
  Jan 2016
  Hazel Dell, Wa

  Honda VFR800, Husqvarna TE 610, Ducati Hypermotard 1100S, Suzuki VStrom 650, Yamaha Radian, MZ 125SM
Cops don't have quotas. They can write as many tickets as they want.
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Jan 13th 2020, 09:31 AM   #8
 tod701's Avatar
 
  Jan 2016
  Stanwood

No such State law.
Maybe county or city municipal code?

WA distracted driving law is RCW 46.61.673.

Edited by tod701 on Jan 13th 2020 at 09:35 AM
Jan 13th 2020, 10:14 AM   #9
 
  Mar 2018
  Olympia

  2016 Kawasaki Z1000,2015 Polaris sportsman XP1000,2017 Ktm 690 enduro R
Quote:
Originally Posted by MV Man
We're not on commission.
Thought you were a police officer in Hawaii. Thought you retired? So who痴 the WE in your comment! I値l be sure to drive extra careful when I知 in you池e area, I知 sure you値l be calling in all traffic infractions you see, probably have OSP and Portland police on speed dial!
Jan 13th 2020, 10:36 AM   #10
 Flyboymedic's Avatar
 
  Jan 2016
  Hazel Dell, Wa

  Honda VFR800, Husqvarna TE 610, Ducati Hypermotard 1100S, Suzuki VStrom 650, Yamaha Radian, MZ 125SM
Quote:
Originally Posted by 16Z1000
Thought you were a police officer in Hawaii. Thought you retired? So who痴 the WE in your comment! I値l be sure to drive extra careful when I知 in you池e area, I知 sure you値l be calling in all traffic infractions you see, probably have OSP and Portland police on speed dial!
Come on dude, ease up. I noticed that too, but he's backed off substantially and isn't nearly as boastful. Can't we all get along?
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Jan 13th 2020, 11:10 AM   #11
 craiger's Avatar
 
  Apr 2016
  Molalla

  2009 Aprilia RSVR, 2010 Honda VFR 1200f DCT
Quote:
Originally Posted by MV Man
We're not on commission.
Except that tax payers pay your salary. Easily forgotten, i'm sure.
Jan 13th 2020, 03:47 PM   #12
 Pavement Tested's Avatar
 
  Jan 2016
  Seabeck

  '08 GSX1300R, '06 GSX-R 750, '16 KTM 690 Duke
Quote:
Originally Posted by tod701
No such State law.
Maybe county or city municipal code?

WA distracted driving law is RCW 46.61.673.
So it is a Kitsap county code as I suspected.



Quote:
Originally Posted by Flyboymedic
Can't we all get along?
NO!
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