I was recently in a car where the driver was speeding. We got pulled over, and unfortunately (and very stupidly, I admit) we had an opened beer bottle in teh car. It was on my side of the car, so I got the ticket. The ticket written states that I "did operate a motor vehicle..." and "committed the following infractions..." and she wrote Open Container. The thing is, I wasn't driving. Is this correct, or did she write the ticket wrong? Also, she told me it was a non-moving violation so wouldn't affect my insurance, but she checked "Traffic" on the top, and the ticket says if guilty it will go on my driving record. What exactly does all this mean? And if it does go on my record, how long does it take? Do I have to pay for the ticket first? Gosh what an idiotic mess!
2006-08-19 07:44:32 · 3 answers · asked by hopelesslydevoted 1 in Politics & Government ➔ Law Enforcement & Police
So in response to the second question, how long does it take if I don't defer it for it to go on my record? Can i defer it if it is not my first violation? I got a speeding ticket last year in September. And, do I have to go to court to ask for deferrment? Or can I do that through writing? I'm originally from California, and did not have any driving related problems in 6 years until I came to Washington...
2006-08-20 15:40:26 · update #1
You were charged with an infraction most likely RCW (Revised Code of Washington) 46.61.519 open container. It is only an infraction. No more serious than any other infraction (speeding etc.) It will go on your record if you plead to it in court because, as it says "It is a traffic infraction...". The only reason why the Officer wrote the vehicle information on the copy of the infraction was to show that you were in the vehicle at the time. Even though the pre-printed portion of the infraction between the first and second block on the infraction says "did operate a motor vehicle" you still have been charged with the infraction. It sounds to me that you admit to the charge and it appears that you are remorseful. Why not just go to court and ask for a deferred? On the back of your infraction, check the middle box and send it in to the court address listed on the front of the infraction. You will receive a court date to appear. Ask the judge for a deferred prosecution for the charge. Most likely you will get one. You will have to pay the $101 but if you don't commit any other infraction within a year, it goes away and DOESN'T go on your record. Good Luck!
Followup...
Yes you can defer the infraction if you haven't had one in (I believe) six years. I don't know how long it will take to find it's way to your insurance. That might be a good question for the specific answer board that deals with that. In order to be granted a defered, you have to go to court....
2006-08-19 14:19:06 · answer #1 · answered by aitutaki98 3 · 0⤊ 0⤋
you need to appear before the judge and fight it! ask a lawyer in Washington State as we have in California--if it is your word against the officers then the judge needs to award in your favor.
2006-08-19 07:51:46 · answer #2 · answered by katlvr125 7 · 0⤊ 0⤋
I believe everyone should watch this video on the true meaning behind words in court. Learn to defend yourself... http://video.google.com/videoplay?d...
2006-08-20 07:28:30 · answer #3 · answered by Sugi 2 · 0⤊ 0⤋