Legal Question in Traffic Law in Washington

I received a ticket for "failing to stop at a stop sign" on 8/18/09 and received the notice of hearing on 9/2/09? Does this fall into the IRLJ2.2 tax law and can I use this law to dismiss?

If not, the officer was parked 50+ yards away on the adjacent street underneath a tree and his view of the stop sign was blocked by a large split rail fence. I believe I came to a full and complete stop as do the other 2 passengers that were in the vehicle. The stop sign was placed there just one month prior, the road is rural and there was not one other car in sight. I actually thought he was pulling me over for going 30 in a 25 mph zone.

I took photos of where the officer's vehicle was parked and where the stop sign is so could I bring those photos into the hearing with me?

Thank you


Asked on 10/01/09, 10:49 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

I thought I answered this. I must have forgot to hit send. I'm not sure why you refer to IRLJ 2.2 as a tax law but it does apply and would be a basis for dismissing the case. You need to choose whether you didn't run the sign or you ran it because it was just placed there a month ago. Your story is inconsistent and not very likely to be credible to the Judge. You need impeccable credibility if you are going to challenge the credibility of the officer. I am sure the officer parked somewhere he could see the sign. That was the point of what he was doing--catching everyone who didn't notice the newly placed sign. So, arguing he couldn't see you isn't likely to go far. But, saying he couldn't see is better than claiming he was just lying. You can likely get the ticket reduced with the facts that it's a new sign and the officer was effectively running a trap because of that.

At your service,

Read more
Answered on 10/13/09, 12:01 pm


Related Questions & Answers

More Traffic Law questions and answers in Washington