With the holidays upon us, news stations are sure to focus their attention on drunk driving and DUI enforcement patrols.  As a DUI attorney, this is my busiest time of the year.  We will hear the dozens of obligatory stories about personal responsibility and dangers on our roads.  Reporters and commentators will ramble on about the tragedy of drunk driving, how dangerous such drivers are and how even one drink before you get behind the wheel can spell disaster.

What the news stories won’t mention is that every day drivers all over our roads engage in even more hazardous behavior than drunk driving – driving while texting or talking on the phone.

This new study confirms what this older study found — that talking on a cell phone or texting while driving is essentially as bad as driving drunk. 

What are the lessons from these studies and how law enforcement treats drunk driving as opposed to distracted driving?

If law enforcement and lawmakers were really serious about safety on the roads, they would treat distracted driving the same as drunk driving.  But they don’t.  Texting or talking on a cell phone while driving isn’t even a moving violation in Washington state, whereas drunk driving is a criminal offense, punishable by up to a year in jail and a $5000 fine (not to mention time, heartache, attorneys’ fees and potential job loss). 

If you are facing any kind of traffic issues, whether it is a Seattle DUI, a Shoreline speeding ticket or a Bellevue traffic ticket, make sure you have a lawyer in your corner who understands police procedures, prosecution and defense.  The stakes are simply too high.

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When I meet with clients accused of DUI, they are usually frightened and ashamed.  They feel alone and regretful, even if they did nothing wrong.  DUI is an “equal opportunity” incident in that it can capture politicians, judges, doctors, pastors, college students and homemakers at any point.

Case in point, the daughter of the man who was almost our president from 2004-2008 …

There are several important things to note in this story:

1.  You can be “under the legal limit” and still be arrested for DUI.  As a Bellevue DUI attorney, I frequently have clients who actually blew under the legal limit of .08, but who were arrested anyway.

2.  Just being arrested for a Seattle DUI, a Bellevue DUI or a Redmond DUI, even if you are not charged, can be incredibly damaging to your reputation, mental health and pocketbook.  Even though your arrest may not make national news, a DUI arrest is stressful and can create shockwaves for you in your life and work.   In Ms. Kerry’s case, she had to post a $5,000 bond and almost certainly had to hire a lawyer.

3.  Police officers have INCREDIBLE power.  Officers have broad discretion to pull people over, initiate (or stop) investigations and make arrest decisions.  Those judgment calls can have dramatic effects on regular people.  I am not suggesting that officers regularly abuse that discretion (I was a police officer for seven years and believe that most of them are professional), if the police are wrong, the damage often cannot be undone.

In Ms. Kerry’s case, there was a happy ending.  The prosecutor declined to file charges against her, citing a lack of evidence.  But how many people won’t ever read that story, and will forever remember Ms. Kerry for her DUI arrest?

This Thanksgiving weekend, be smart on the road when it comes to alcohol.  If you do end up in the hands of law enforcement however, and need assistance, contact Washington Traffic Defense.  We will help you defend your case, as well as your reputation and name.

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Let’s face it – the economy is not getting better very quickly.  Businesses are hurting, as are a lot of regular folks.  When businesses and regular people have less money, the government collects less taxes.

But rather than freeze wages, give unpaid time off or put people on part-time schedules, government has one solution when tax revenues go down.  They raise taxes.

I have always believed that traffic tickets are a driving tax.  Most people are good drivers who can certainly operate their vehicles safely, even if they are a few MPH over the arbitrary speed limit.  When regular people get pulled over and get a ticket, whether it is a Tacoma speeding ticket or a Sammamish traffic ticket, it isn’t about safety, it is about MONEY.  Money for the city, money for the police department and money for the state.

If you have any doubt, check out this story from last week in the Seattle Times.  The City of Seattle is considering installing more red light cameras around the city.  Not for safety reasons or because of increased accidents but “to plug a $4.5 million hole in the city’s budget” created by the repeal of another tax.  If you look at the article, you will note that the word “safe” appeared one time in the story, while the word “revenue” appeared three times.

If you receive a Seattle red light ticket, speeding ticket, traffic ticket or accident ticket, don’t just roll over and pay it.  Consult with an experienced Bellevue traffic ticket lawyer and Seattle speeding ticket attorney who can help get the ticket reduced or dismissed, usually without you even having to come to court.  You will save in fines, increased insurance and anxiety.

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So you have done everything right.  You behaved yourself along the side of the road, you didn’t admit to anything (declining to answer the “do you know how fast you were going?” trick question) and you sent your ticket in on time and to the correct court.

Now your court date is approaching and you are getting nervous.  Whether your matter is a Pierce County Negligent Driving ticket, a Seattle accident infraction or a Redmond speeding ticket, you can prepare in advance to increase your chances of success.

Most people who fight their tickets alone, without the help of a Washington traffic ticket lawyer, walk into court and lose.  It isn’t because they are dumb or dishonest.  It is because they don’t have all of the information that they need to make it a fair fight.  That information is available through a process called discovery.

After the offcer pulled you over and wrote you the ticket, he handed you a copy.  All that copy has on it is general information about the charge (like “speeding” or maybe numbers like “45 in a 30″).  What you DIDN’T get is the detailed report the officer wrote after the stop and sent to the court.  That report (usually written on the back of the officer’s copy of the ticket) has ALL of the critical information about the stop.  It will tell you where the officer was, what he saw, whether his radar gun was certified and working properly, etc.

How do you get this report?  At the risk of giving away all of the traffic ticket lawyer secrets, you ASK FOR IT.  The court isn’t going to send it to you unless you ask.  You need to send a written request for the reports to the court and the prosecutor at least 14 days before your hearing.

In addition to providing information about the stop, asking fr discovery has another benefit — if you timely request discovery and it isn’t provided to you, you may be able to ask for your ticket to be dismissed.

Whether you decide to fight your Puyallup speeding ticket, your Bellevue traffic ticket or Lynnwood accident ticket with a lawyer or on your own, even the playing field by making sure that you, or your Seattle traffic ticket lawyer, have the police reports.

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So you got  ticket.  Whether it is a Kent speeding ticket, a Redmond traffic infraction or a Sammamish traffic ticket, it isn’t a big deal, it happens to everyone at some point.  However, the steps you take after you get the ticket can really affect your rights.

-  Respond to the ticket within 15 days.  If you don’t send the ticket in within 15 days of when you received it, the court will just find the ticket “committed.”  You will get a letter asking you to pay the ticket and, if you don’t, your license will be suspended.  In sum, don’t send the ticket in late or forget to send it in.

-  Don’t ask for a mitigation hearing, ask for a contested hearing.  A mitigation hearing will result in a smaller fine (usually), but the ticket will go on your record as “committed.”  You will save a few bucks in fines but will more than pay for it in increased insurance costs.  A mitigation hearing is essentially an opportunity to say to the court, “I did it, but save me some money.”  Almost always a bad call.

-  Send the ticket to the right court.  You would be surprised how many people send tickets to the wrong court.  Recently I heard from a potential client who sent a ticket to the Issaquah municipal court instead of the Issaquah district court.  The ticket got to the right court late and was found “committed” even though the person wanted to fight it.  The proper address is on the front bottom of the ticket.

-  Fill out the ticket with your correct address.  The court is going to send you notice of your court date.  Make sure they have the correct address on file (especially if it is different from the one on your driver’s license.)  If you don’t show up to your court date, the ticket will be found “committed.”

-  Before you send your ticket in, make a copy of the front and back for your records.   

-  Consult with an experienced traffic ticket lawyer to help fight your ticket.  Like some of my colleagues, I offer free consultations.  I would be happy to chat about your ticket and run through your options, whether or not you decide to hire me.

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No matter how nice a car you drive or how careful you are behind the wheel, you will eventually get stopped by the police and they will find a reason to write you a ticket.  Even if it has never happened to you, or it has been several years, it will happen.

The last post discussed how to avoid getting pulled over.  This one deals with what to do along the side of the road.  Although following these instructions won’t guarantee that you will drive away without a ticket, they will increase your chances.  If you do get a ticket, following these instructions will also make it more likely that you can successfully fight the ticket in court.

-  Immediately signal and pull safely to the side of the road.  Don’t compound your problems by continuing to drive or, even worse, by making an aggressive or unsafe swerve to the side of the road.

-  Don’t begin digging through your glove box, wallet or purse to find your license, insurance and registration.  Wait for the officer to ask.  Traffic stops are dangerous for officers and having you dig through the glove box or a purse makes them nervous.  Instead, keep you hands on the steering wheel or otherwise visible until the officer asks for documents.

-  Keep documents in a visor document holder, not in your glove box.  Many people presently in jail got there because they had something illegal in their glove box or purse that a police officer saw during a traffic stop.  You will never have that problem keep your registration and proof of insurance in a visor holder.  

-  Be considerate and cooperative.  The fastest way to get a ticket (or more than one) is to be a jerk to the officer.  I’m not suggesting that you should put on a fake nice act, just be kind and polite.  Police officers are humans too and respond to kindness.

-  Don’t make statements, answer questions about your driving or explain.  Everything you say will be written down in the officer’s report, including answers to the trick questions, “do you know why I stopped you” or “do you know how fast you were going.”  Just decline to answer, period.  Also don’t say things like, “I was just late for work” or “everyone was going over the speed limit.”  Those are confessions to the offense. 

-  Fight the ticket later.  You can’t fight the ticket on the scene, but you CAN fight it later, in court.  Find yourself an experienced Seattle traffic ticket layer, Bellevue speeding ticket lawyer or Issaquah traffic infraction attorney.  That will help keep your insurance rates low and your driving record clean.

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As a former Seattle Police officer and prosecutor, I know a little bit about traffic tickets and traffic crimes.  Nobody else (that I know of) has that combination of experience.  If you are charged with a traffic crime, or facing a traffic or speeding ticket, it is worth it to have someone on your side that has written tickets, arrested offenders and prosecuted thousands of cases in court.

This is the first installment of a series – a Step By Step Guide to Fighting Your Washington Traffic Ticket.  Much of this information is also located here.

Step 1 – A Ticket Starts Before the Stop

Step 1 is pretty easy — if you don’t give the police a reason to stop you or write a ticket, they probably won’t.  This means don’t speed, make sure all of your vehicle lights and equipment are working, keep your distance from the person in front of you, etc.  This doesn’t mean that you won’t get stopped – there are so many traffic laws on the books that an experienced officer can almost always find something to stop you for.  

In sum, don’t give an officer a reason to stop you.  No stop, no ticket.  No ticket, no need to hire a Bellevue traffic ticket attorney or a Seattle speeding ticket lawyer.

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I had the pleasure of representing a young person this week for an accident ticket in Burien.  Many of my clients feel like accident tickets are a lost cause because there was a crash.  Potential clients often feel the same way and think, “well, I will just pay the ticket” instead of talking with a lawyer.

Don’t believe it. 

Although accident tickets can be more complicated than your standard Bellevue speeding ticket or Issaquah traffic ticket, they can also be harder for the state to prove.  They are also worth fighting, especially with the help of skilled Burien traffic ticket lawyer.  An accident ticket (say, for Improper Lane Change) has a higher fine than an Improper Lane Change ticket that didn’t result in an accident.  In addition, your insurance company probably already knows about the accident.  But if you get a ticket too, your insurance company will see the accident as your fault.  That will raise your rates.  A lot.

If you get in an accident and get a ticket, either at the scene or by mail later, don’t give up.  Consult an experienced Seattle traffic ticket attorney and contest the ticket.  You will be glad you did.

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On Friday, I was in Seattle Municipal Court for a speeding ticket.  I successfully got the ticket dismissed, which was good because another ticket REALLY would have affected my client’s insurance rates.  There were enough problems with the ticket that the city, in the end, just couldn’t prove their case.

I hung around for a few minutes after my matter was done.  I saw a few old friends from my days on the Seattle Police Department and, as we chatted, I watched person after person try to fight tickets on their own, without the help of a Seattle Speeding Ticket Lawyer.  It was tragic.

These were the typical arguments.  None of them worked:

• I was going with the flow of traffic, everyone was speeding.
• I don’t think the officer had his radar on me because there were other cars around.
• He couldn’t have used radar on me, my radar detector didn’t go off

In each case, the officer (or the prosecutor) read the officer’s report into the record, the defendant told his or her story, and the judge found the ticket committed.  Every time.  Each defendant wasted several hours coming to court (not to mention endless hours on all of the “how to beat your speeding ticket yourself” websites) and ended up paying exactly the same fine they would have if they had just mailed the ticket in.  Hello higher insurance rates.

I am not suggesting that Bellevue speeding ticket lawyers, Redmond red light attorneys or Tacoma HOV lane attorneys like me are always successful.  Sometimes we lose.  We also don’t work for free.  But if you are trying to get a Seattle speeding ticket off your record, or if you already used your deferred finding and need to fight your new Issaquah traffic ticket, do yourself a favor — hire a lawyer.  It doesn’t have to be me (there are a number of good ones out there), but don’t go it alone.

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Washington Traffic Defense is pleased to announce our new, as yet unnamed, BLOG.

My name is Scott Leist.  I am a Seattle area criminal defense lawyer.  I work with clients accused of most every kind of offense in local and Superior Court (except sex crimes).  A good portion of my practice however involves both felony and misdemeanor driving offenses, including DUI and traffic infractions.  On any given day, I might spend my morning representing a client on a Redmond DUI, my noon hour talking to a person accused in a Seattle DV case, and my afternoon as a Bellevue Speeding Ticket Lawyer. 

 I am a former Seattle Police officer, King County criminal prosecutor and international human rights lawyer (in Africa).  Since returning with my family from overseas, I have devoted my practice to defending good people and good drivers in bad situations. 

The blog is not intended to be a self-serving marketing tool (although I am all for marketing).  Instead, it is designed to be a forum for discussions of criminal defense issues related to vehicular crimes and offenses in the Seattle area.  Whether you found your way here because you need a Bellevue DUI lawyer, a Burien traffic ticket attorney or just by accident, welcome.

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