Legal Question in Traffic Law in Washington

I Was with my friend with a flat tire at a gas station when an uncover officer whom we must have been parked right next to, approaches us with his badge and asks us if there is any marijuana in the car, and if there was to give it to him and he would 'just' write a ticket.. being completely up front and honest she admitted and she basically handed over a pipe and the marijuana from her console. So on her ticket the vehicle information section including: make/model, year, color were all left blank??? Because the ticket was given to her with the substance being in her car and he left all of that information out on the ticket, is the ticket now null and void? He then 20 minutes later came back, NOT because we were still stranded he said that he forgot to write her license number down, wierd huh? His ticket is now different from hers, can this make the ticket incomplete and able to fight? thank for your help, much appreciated


Asked on 7/08/11, 10:29 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

I have some bad news for you. This is a frug charge not a traffic ticket. It's a crime (possibly two--possession of marijuana and drug periphenalia). Both are misdemeanors. She can get up to one year of jail on one and 90 days on the other. MJ has a mandatory minimum 1 day of jail. This sounds like an unlawful contact by the officer. They can engage in social contacts but need to justify a switch to a criminal investigation, imem, asking do you have drugs. If successful the case would be thrown out. Some of the best success comes from challenging the test procedures and can I can usually get a case reduced to a non-criminal, non-jail offense based on that. For more assistance contact me directly.

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Answered on 7/09/11, 11:26 am


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