How a Good Traffic Lawyer Can Get Your Case Dismissed

December 22nd, 2020 by admin No comments »

Contrary to popular belief, traffic ticket and speeding ticket lawyers aren’t always about using procedural loopholes and sneaky tricks like subpoenaing the officer and hoping he doesn’t show up. Some times it is actually about practicing law, effectively questioning witnesses, pointing out the flaws in the city’s case, and winning because a traffic infraction actually didn’t occur. And sometimes it’s even more technical than that. Let me give you an example to demonstrate what I’m talking about.

This example comes out of real life, in the City of Seattle (my city, where I am a traffic lawyer, by the way). It is actually a pretty sad story, but one that demonstrates what having a good traffic attorney on your side can do for you. Here are the facts.

There was a guy driving a van in Seattle in September of 2006. It was the morning, and he was likely on his way to work, on his way to a job site, running an errand, or some other innocuous thing. He was driving the speed limit. He’d never had a traffic infraction before. He was sober. He had not been using drugs. And his life was about to change forever.

He was traveling southbound on a two way street (there was traffic coming northbound) and at some point during his drive he needed to make a left turn. Like all of us do, he waited in the intersection for oncoming traffic to clear, and he proceeded to make his turn. However, on this specific day, in this specific intersection, a biker was proceeding southbound. And the driver of the van didn’t see her.

I don’t think the collision was severe, but it did cause the bicyclist to fall off her bike. And, tragically, while she was wearing a helmet, she suffered head injuries ultimately resulting in her death. After the incident the driver was forthcoming with his fault for failure to yield, he and his insurance company settled with the bicyclist’s family, and he attempted to move on with his life.

While the van driver was trying to move one from this horrendous event, as typically happens in cases like this, King County law enforcement officials reviewed the case to determine if there was any need to file criminal charges. In the end, only one possibility existed for a criminal charge under the facts – vehicular manslaughter. The requirements for vehicular manslaughter, however, didn’t quite fit this situation. One of three things is needed: (1) operating a vehicle while intoxicated; (2) operating a vehicle recklessly; or (3) operating a vehicle with reckless disregard for the safety of others. In this case, none of those occurred. Because of that King County declined to press charges.

The City of Seattle, however, wasn’t ready to give up so easily. They had recently passed an ordinance criminalizing traffic infractions when great bodily harm or death resulted from the violations. In this case, the City decided the van driver had committed the crime of assault on the bicyclist, and they went after him. The problem with this, from the perspective of the van driver’s Seattle traffic lawyer, was that the Washington State Legislature explicitly made most traffic violations non-criminal infractions, punishable by fine only. And, wouldn’t you know, failure to yield was one of those crimes.

So, the Seattle traffic lawyer moved the court to dismiss the charges based on the invalidity of the statute. And the court denied the motion. After a bench trial found the van driver guilty of assault under the statute, they appealed the decision to the King County Superior court. At that court, the statute was seen for what it was, a circumvention of the law as created by the Washington State legislature, and ruled the statute invalid. After appealing that decision to the Court of Appeals and losing (you can read that decision here, the City is believed to have given up.

So, the moral of the story? Getting a traffic lawyer who knows what they are doing can help you immensely, not always for the trips and

Traffic Crimes: An Overview of the Major and Minor Ones

December 6th, 2020 by admin No comments »

Traffic crimes are not a federal concern. As result they are treated separately by different states. The punishments may vary slightly from state to state for each offense. There are several types of traffic crimes and not all are serious. Punishment of course depends on the type of crime and the number of time the crime has been repeated by the offender.

Driving Under Influence also known as Driving While Intoxicated in some states is one of the most common traffic crimes.

Reckless driving also accounts for a considerable portion of overall traffic crimes committed. There is overlap between driving under influence and reckless driving. Reckless driving has the potential to cause grievous injury to life and property. This is because the driver in such case disregards threat to life and property while driving.

Reckless driving can cause suspension of driver license, jail term, etc. Getting caught in this type crime can impact your insurance rates related to automobiles negatively. There is another serious charge- Manslaughter using while driving a vehicle.

Some states label this offense as a direct manslaughter under their statutes. Some other states have specific provisions while dealing with manslaughter. It should be pointed out in this regard that nature of crimes depend on place, time and season.

Traffic in big metropolitan areas is quite heavy during office hours. The highways where cars speed may result in braking of speed limits. During vacation time there is great traffic towards beaches (like- Key West) and other places of tourist attraction. The volume, speed of moving traffic and the way traffic is managed by the local authorities will determine traffic crimes. Local Key West Traffic Attorneys have become habituated in fighting this type of cases.

There are parking related rules which call of fines if broken. These fines have to pay within 10 days from the day of violation. Additional late fee of $5 will have to be paid in case of non payment within stipulated time. 20 days later another $5 will be charged from the day of violation.

After 30 days of non-recovery of parking fine, the responsibility will be transferred to a collection agency. In case of residential permits, they are of two types:

• Residents of business district. These residents don’t have access to off street parking.

• For Monroe County residents living in old town. Cars with tag of Monroe County can park in any residential parking place.

Specialized tags like- Firefighters, Miami Dolphins, etc can’t park in residential spaces. It should also be kept in mind that one permit is allowed per vehicle. In case of any criminal charges related to driving and parking, contact a Key West Traffic Lawyer.

A Lawyer Tells You How to Fight a Speeding Traffic Ticket

November 26th, 2020 by admin No comments »

Curious how to fight a speeding traffic ticket? Fighting a traffic ticket is something many drivers may experience at least once in their driving career. In large part due to so many people now using their cars in addition to their homes and offices for work related issues, this is true more so now than ever before. Resulting in a number of speeding violations due to driver distraction while possibly using a variety of electronic devices.

Although it is good people are dependable when it comes to jobs and family, behind the wheel of a car is not the time to carry on business whether by e-mail, text messaging or working on a laptop. For, in doing so, one not only risk their own lives but the lives of others. In addition, it has also been shown in recent reports that accidents related to these activities carry the same dangers as driving under the influence. Therefore, the short amount of time one saves in working behind the wheel, could be quite costly in the future.

Distraction is the key concern when it comes to using electronic devices while driving. For if one is looking down and not at the speedometer, instant speeding ticket. If one does not see a stop sign, one could very well hit either a car or pedestrian while distracted, both of which could result in a great deal of costs, jail time or both. Therefore, the time has come to put down the electronic devices and remain aware at all times while driving. In doing so, drivers might very well save their own life and the lives of others.

These are not the only factors however which contribute to speeding. Some speed out of a love for road racing, others just to get to a destination quickly or on time, others still just for thrill alone. Regardless, if one speeds and gets caught, it can be a costly ride. In addition, speeding tickets are some of the most difficult to get dismissed as the ticketing officer generally has a print out from a radar gun of the speed in which drivers were traveling at the time a ticket was given.

Fighting a traffic ticket is never a simple act. However, it is one many individuals take on, especially those who are innocent of speeding. Therefore, if one is going to deny speeding, it is important to secure an attorney and never suggest guilt. To this end, one has a better chance of defending oneself and winning the case.

Most drivers find themselves speeding only when they are not paying attention. So, whether daydreaming or using an electronic device, if one gets caught speeding, it is not only something that can cost one a ticket but also their license. In addition, although there are now traffic fines for some instances in which drivers are using these devices while behind the wheel, there are still a number of people who just do not care and continue to use their devices regardless of the new laws regarding same.

However, for those drivers who honestly, truly believe they were not speeding, then defense is the only option. Because, only guilty parties should be required to pay a fine. Therefore, if you believe you are innocent, it is imperative to talk with a traffic attorney to attempt to clear up the issue. For, while there may be a small cost to do so now, not doing so later could result in the cancellation or suspension of a driving license.

Often individuals attempt to fight a speeding ticket whether guilty or not, simply by rejecting the charges in hopes the ticketing officer will not appear in court. It is up to each individual to decide whether this is something they wish to do. However, if the officer does appear and the individual is guilty, then most likely the individual will still have to pay any associated fines along with any new court costs.

Defensive driving courses are offered in many styles and venues. These include, the traditional classroom defensive driving, comedy defensive driving and now, the newest, defensive driving video courses. Each have their own charm, however since each individual is different, one must decide if given an option which defensive driving course to take. However, in some cases the judge will assign one to a specific program. While these courses are often seen as punishment and overly time consuming, drivers can also save a great deal of money on future car insurance by completing same.

Often individuals find themselves suddenly driving through speed traps while traveling in other States. It is imperative to pay attention and slow down in these zones. Otherwise one might find themselves returning to an area simply to take care of a speeding ticket, sometimes even if only paying a fine. Therefore, while it is important to drive safe and avoid speeding at home, it is even more important to do so when traveling.

If one can not get a speeding ticket dismissed, one always has the right to request that charges be reduced. If doing so however, one must be prepared not only to stand in front of the judge, hearing panel or jury in a good light but also for the result. Because while in some cases, charges are reduced, it is rare. Therefore, one need also be ready to pay the initial fine, plus any court costs as most likely unless one has very good reasons for speeding, such charges are not reduced due to the extreme dangers which speeding creates.

5 Things That the Traffic Courts Don’t Want You to Know About

November 3rd, 2020 by admin No comments »

I am often asked, “what’s the most guarded secret of the traffic courts?” You’re going to love this! It’s the simple fact that beating a traffic ticket (speeding tickets and other moving violations) is REALLY easy to do!

It’s a good thing that the general public doesn’t know how easy it is to beat a speeding ticket. The could be a significant loss in revenue for the counties and state courts. People armed with lawyers could end up wiping out their offences every time they were issues a moving violation such as a speeding ticket. Fortunately for the courts, most don’t know that beating a speeding ticket is a relatively easy when armed with an attorney who knows what they are doing in traffic court.

I am going to share with you 5 secrets that the traffic courts don’t want you to know about:

Did the officer follow the required procedures when issuing out a speeding ticket (they rarely ever do – your attorney will know what the procedure is)
Is the police officer even present on the day you had to take off from work to be in court? When this happens, your attorney can easily prevent the judge from re-scheduling the court date.
When the officer takes the stand, there are several things he or she must legally do to testify.
The prosecutor and/or officer provide documents to prove the level of accuracy when you were pulled over.
Some of the documents that are presented as evidence include documents about radar gun’s accuracy (lawyers can get a case thrown out because of this).

Top 5 Things to Look For in Hiring a Traffic Lawyer

October 27th, 2020 by admin No comments »

1. Location. Make sure the attorney you choose has some familiarity with the area in which you received a ticket. Small Town and Village courts have a lot of idiosyncrasies that local attorneys are likely to know about and can better be of service to you. Also, the less travel time an attorney has to make to court, the less likely he/she is to charge.

2. Communication. Make sure that when you contact a traffic attorney, he/she is up front with you and conveys his/her advice in an articulate fashion. Most attorneys will offer a free initial phone consultation. Based off this consultation, size up what the attorney has to offer and if you establish a good rapport, this is a positive indication as to how the attorney-client relationship is likely to go.

3. Price. Be mindful that there are some attorneys out there who advertise a very low flat fee, but once you hire them, they change their tune and inflate the price to reflect your “special” or “unique” circumstances. The old saying holds true in that “You get what you pay for.” Don’t be so quick to hire an attorney solely on price, as more often than not, the lowest priced attorney is not necessarily the most competent attorney.

4. Referrals. Do an online search when hiring a traffic attorney. If someone refers an attorney by name, check them out for yourself, either by doing a Google or Bing search or by going directly to their website. In this day and age, most attorneys have their own website. If they don’t, that may tell you something right of the bat. By going to an attorney’s website prior to speaking with them, you will get a chance to go into the conversation already knowing something about them and when speaking to them, you can see if the information they give you “jibes” with the information that is on their site. You would be amazed as to how many attorneys don’t know that they even HAVE a website, let alone know what content about them and their services is on it.

5. Experience. Make sure that the attorney you hire to represent you in your traffic matter has actually handled cases like yours in the past. Many attorneys dabble in all sorts of areas of law and if traffic is not one they handle on a regular basis, they are not in a good position to advocate in your best interest. The attorney you choose does not have to have a legacy dating back to the 1800’s. Nor do they require “over 50 years combined experience.” More times than not, an attorney who has handled his/her fair share of vehicle and traffic cases will suffice. Just make sure that this area of law is one in which they consistently and continuously take on.

You certainly don’t want to hire an attorney who has tons of experience in traffic law, but has been out of the loop for a good number of years. Like mentioned above, all City, Village, and Town courts operate a bit different and have their own way of doing things. By hiring a lawyer who is “in the know” will ultimately be of best interest to your legal needs.

One Way Traffic Attorneys Win Cases

October 16th, 2020 by admin No comments »

Before I get too far, let me let you in on a little information. I am not trying to sell you anything. I am not trying to lull you into a false sense of hope about the outcome of your speeding ticket. In fact, I can’t even guarantee you that after you read this article you’ll be able to beat your ticket.

But I can guarantee you this – you’ll have at least one tool in your arsenal to help you fight your traffic ticket.

I’m a Seattle traffic lawyer so I know about this stuff. I litigate anywhere from 5-10 traffic tickets each week. Most I win, some I lose. But I always go in with the goal of keeping my clients’ driving records clean. And that’s what you should do too. So, here we go!

What I’m going to talk about today is a procedural defense to a speeding ticket. The great thing about rules, particularly in the practice of law, is that they must be followed. If they are not followed (well, most of the anyway), then the document or the case, or the item is defective, and the court won’t allow it to be a part of the case. This is great for traffic attorneys, as we are always looking for ways to keep things out of the case.

One of the procedural requirements for traffic citations, in Seattle at least (there may be different rules in different place, so check first), is that the case must be filed within the court within 5 business days of it’s issuance. So, for example, if you are issued a speeding ticket on Monday, then they must file the ticket by that next Monday, assuming there are no legal holidays (Tuesday is day one, then Wednesday, Thursday, Friday, Monday).

If the case is not filed within 5 days (and this happens much more often than you might expect) then the ticket is defective, the court will not hear it, and it will be dismissed! So, one of the first things you should look at with your ticket it the date it was issued and the date it was filed with the court. If the cop waited too long, you could have an issue that could get your ticket dismissed without any trouble!

Informed Traffic Attorney – Could Save You a Fortune

September 27th, 2020 by admin No comments »

Traffic violations carry penalties that range from a fine to the confiscation of one is license (points can accumulate on your driving record leading to automatic suspension of your license). They affect your auto insurance rates and in more, serious cases you could have to face jail time, probation, license suspension, and/or vehicle immobilization for your traffic ticket.

Defending a speeding ticket can be a daunting task if you are unfamiliar with the law system. Every state in the United States has its own strict code of rules and regulations and it is really very difficult for a driver to follow all the rules in his daily life. However, keeping into consideration the safety of many lives, one must take care not to violate traffic rules. But sometimes, knowingly or unknowingly people violate traffic rules either because of hurry or ignorance and here start their problems.

We know that a drivers license is needed for most day-to-day activities and work purposes but what if your driving license is suspended just because of points you gain on your traffic ticket. Just think of not being able to drive to the grocery store; or to pick up your children after school or a sporting event; or drive to work. Think of it for a moment – really think about it.

Of course, being careful with your driving, updating your licenses, vehicle papers and insurances and making sure you are following traffic rules are your best ways to avoid a traffic ticket, a traffic attorney is your best help when it comes to beat your pay speeding ticket, you have already received. Your unfamiliarity with local traffic law may lead you to face problems later in getting the best defense possible. You may miss certain traffic ticket defenses which may eliminate or greatly reduce your traffic attorney ticket. This is where a traffic attorney with experience can help you. Getting a help from an informed traffic attorney could save you a fortune.

Do not underestimate the consequences of a traffic citation as traffic convictions can sometimes mean you have been convicted of a crime. If you do not know the system, then you do not know the options available to perhaps lessen the charge(s) or get them dismissed. By taking the help a traffic attorney to follow the suitable steps for traffic defense, you can not only avoid having a bad driving record but also can protect your driving privileges.

For in a Traffic Attorney

June 13th, 2020 by admin No comments »

But you know nothing about traffic ticket defense and don’t feel like going to court, to look like an idiot or otherwise. So you consider hiring a traffic attorney. And let’s say you are in Seattle, for example, so you Google “Seattle traffic attorney.” And you get 1.5 million hits. And you know going into it you feel a little uneasy. Some of your friends have had great success working with an attorney, and some have had terrible experiences. So what should you look for in a good Seattle traffic attorney? Here are five things that might help.

Almost all of us have gotten a traffic ticket before. Speeding, illegal turn, running a stop sign, driving in the HOV lanes, whatever it is, when you get the ticket the first thing you think of is how high your insurance rates are going to go and how much it is going to cost you. And then you talk to a buddy who says he fought his ticket and got it dismissed. And then you talk to someone else who says you are an idiot if you don’t fight your traffic ticket because they can be beat.

First, you need someone that doesn’t claim that they will definitively be able to beat your traffic ticket. While that sounds a little counter intuitive (we all want someone that can win, after all), it makes sense when you think about it. Traffic law, like all other areas of the law, is predicated on two things – the law and the facts. If the law is on your side, but not the facts, you could lose. If the facts are on your side but not the facts, you could also lose. And if nothing is on your side, you might lose. But you never know until you get the opportunity to look at everything. So, a major red flag is that your potential traffic lawyer claims to have an unusually high rate of success.

Third, don’t necessarily look for the cheapest traffic lawyer. For the most part, they are pretty cheap overall. For example, in Seattle I’ve seen charges anywhere from $175 to $350 for a simple traffic ticket. So shelling that out to have someone help is usually worth the payment (plus you don’t have to go to court, take off work, etc.). The thing is with paying a little more money is that you usually get better service. A smaller fee means that attorney needs to take on more cases to pay the rent. Fewer cases means more attention on you.

Fourth, make sure you get someone who’ll return your calls. If you call them to talk and they don’t call you back for a few days, that isn’t a good sign. Like any other lawyer, traffic ticket attorneys are usually busy people. But that doesn’t mean they can’t take ten minutes to touch base with you or shoot you an email to let you know they’ve received your information and are taking a look at it.

Fifth, don’t wait until the last minute to hire an attorney. The longer you wait, and the closer the date gets to your contested hearing, the less time and leverage you have to find the lawyer that is right from you (and probably cheaper). If you wait until the week of your hearing you may find your fee is higher because of the scheduling work that will need to be done by the person you hire. If they have to pay someone to appear somewhere else so they can be at your hearing, that may come out of your pocket.

Second, though, you do need someone that has as a major part of their practice traffic law. Don’t ask the attorney who put together your will to go in there and take care of your speeding ticket. He might be able to do it eventually, but like any other area of the law, there is a certain amount of specialized knowledge involved in the practice of traffic ticket law.

Bottom line, hiring a traffic attorney is a lot like hiring any other service professional. Take a little time to check them out, make sure you can trust them, and don’t wait until the problem spirals out of control. If you do get a traffic ticket you should always fight it. The worst that can happen is that you pay the fine.

Marketing, Promoting and Advertising Your Business

February 28th, 2020 by admin No comments »

One thing that goes without saying in today’s business world, is that regardless of the nature of your home based business, a website is an absolute MUST. Whether you have a product or service to sell, whether local or global, your business will go nowhere fast if you don’t have an online presence. If you need internet marketing help, you’ve landed on the right article. I’ll give you some home based business marketing ideas that will help you promote your business successfully.

The first step is choosing a domain name and getting it registered. You can build your own website (if you have the time) and host it yourself or you can have everything done by another company (if you have the money). Either way, you have many options and tools at your disposal that can align with your business plan and budget. Also note that you can still start your own home based business even if you don’t have a product or service to sell. There are thousands of individuals and companies that have products you can sell for them while earning a commission, called affiliate marketing.

Of the many business marketing strategies known to man, internet marketing is, hands down, the best strategy to use for promoting a home based business as it is the cheapest method and has the potential for reaching millions of people all over the globe. Driving traffic to your site through online resources is like killing two birds with one stone. You can tackle print advertising by writing articles and publishing them to directories and ezines and by submitting ads to the many available (and most of them free) classified ad sites. Online media advertising encompasses writing press releases and distributing them to press release sites. One of the biggest and most popular online advertising trends today is via social media advertising through sites such as Twitter, Facebook, and LinkedIn where you build relationships with your customers. Forums and communities are also great ways to build relationships which helps promote your home based business in the long run. Simply Google your market or industry with the word ‘forum’ or ‘community’ behind it and search for one or two that seem to be the best fit for you.

All of these methods of online advertising contribute to search engine optimization (SEO), which is to say improving your online visibility and escalating in the search engines like Google, Yahoo and Bing. Your goal is to claim the #1 spot in the organic search results (the results on the left, not the right side which are paid ads). This is where your traffic will come from. If you are 800 in the list of search results, no one is ever going to see your site because very few people have the time or patience to scroll through 800 search results. Research shows that people typically won’t even scroll past 4 or 5 search results, let alone 800.

Can you grasp the importance of internet marketing for any business? If you are new to the internet marketing phenomenon and don’t know exactly where to start, there are many great programs or systems online that walk you through every aspect of marketing your online business. A lot of these systems were created by online entrepreneurs who have spent thousands of their own dollars trying to figure it all out over the years and finally DID. Their sacrifices have made it easier for newbies to become successful at their own online home based business. If you are new to running your own home based business, I recommend you find a great system (do your research, read reviews, ask questions in forums) and start marketing your home business from there. Don’t waste the time and money that so many of us have in going it alone, without a proven system, as it will just set you back further and hinder your progress.