Legal Question in Traffic Law in Washington

Re: Passing Vehicles

Attorney Ferris' reply is quite correct. The only defense to such an infraction would be a technical (legal) one. However, since this occurred in Eastern Washington, you would do well to find an attorney over there and discuss any possible ways to defend this infraction.

Re: Passing Vehicles

The rule is based on the existence of an intersection, not highway markings, e.g. double yellow line, turn lanes.

The applicable statute is RCW 46.61.125: Further limitations on driving to left of center of roadway.

(1) No vehicle shall be driven on the left side of the roadway under the following conditions:

(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

(c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel.

Re: Passing Vehicles

I know you said you�d like to fight this infraction, but there are two other options you should also consider. These are �mitigation� and �deferred findings.�

Mitigation is when the traffic court judge reduces the amount of the traffic fine. The infraction still goes on your driving record for 5 years, but you don�t have to pay full price for the ticket. If you have a good driving record, perhaps no tickets within the past 12-month period, you can usually get $20 to $40 knocked off your ticket with little or no explanation or begging required. Most judges I�ve seen who handle mitigation hearings don�t even want to get into the story of what happened. They usually instantly reduce the fine amount just because you showed up. I tell all of my clients � even if they�re dead to rights guilty � to at least ask for mitigation. And if you are a good driver, chances are that this infraction will not hurt you too much with your insurance company if it does go on your record.

The other option is petitioning for deferred findings. �Deferred findings� is an option that you may utilize only once every seven years. If granted by the court, the infraction is held in abeyance for 12 months and will never go on the part of your driving record that your insurance company sees. That is, if you can go the entire 12 months without any new tickets. If you do get another ticket during that year, the deferred ticket will go on your record, you may have to pay the original fine amount, and you will be unable to get another non-moving infraction deferral until the 7-year period passes. Please note that a deferred finding in a traffic infraction is not the same as a deferred prosecution for DUI or other crimes.

On infraction deferrals, court costs are charged to cover monitoring costs. The amount of these costs can be the face amount of the ticket or more or less, depending on the court system you find yourself in. Also, in some courts, you have to fill out a form asking for your deferral, but in others you just ask for it at the mitigation hearing. Deferrals aren�t automatic, so sometimes being contrite and respectful can get you a lot, especially in traffic court.