3 Tips for if you get pulled over

The most common interaction that most people have with a police officer is getting stopped for a traffic ticket. Most of the time these interactions are fairly routine, but occasionally there can be friction between the driver and the Officer that leads to issues. Being a Snohomish County Traffic Lawyer, I have seen the most mundane traffic stops turn into criminal charges. Here are 3 ways to help the interaction go as smooth as possible. dd

  1. Be prepared:  Most traffic stops begin the same way, with a request to see your license, registration, and proof of insurance. Having these items easily accessible and located in the proper place will streamline your interaction with the police officer. Many people keep their registration in the glove box, however do to officer safety concerns, you do not want to be leaned over and going through your glove box as the officer approaches. My advice is to keep a copy of your insurance card and registration clipped together and secured to either your car’s sun visor or placed at the forefront of your glove box to be retrieved after the officer makes contact.
  2. Be respectful, but not talkative:  Remember that most of the time the officer is just following orders and doing their job. Whether those orders are to keep the highway safe or fill quota is another blog, but either way being respectful will help the stop goes as smoothly as possible. However, being respectful does not mean admitting to anything. Any admissions you make will make their way into the officer’s report. Gone are the days of warnings and talking yourself out of a ticket. When asked if you know why you were stopped, the best answer is no, I’m sorry officer. Even if you have a pretty good idea, there is no way to no for sure what the officer saw. So don’t admit to anything. There have been many tickets that I have seen as a traffic attorney where there are good issues to get the ticket dismissed, however the driver admits to knowing they were speeding and complicates the case.
  3. Be knowledgeable: Just because you were cited for an infraction does not mean that you committed it nor that it will end up on your record. Know that you have a right to make the State or City prove their charges. Do not argue with the officer about the validity of the ticket. If the officer has written out the ticket, it is done. The fight takes place in the courts. Ending the interaction with the officer after you have received the ticket is the best course of action. There are virtually no positive outcome to prolonging the interaction after the ticket has been issued. Instead call a lawyer to fight the ticket and keep it off your record. And remember, you only have 15 days to respond to the traffic ticket, so know your options.

I have fought traffic tickets in virtually every court in King, Skagit, Whatcom, Island, and Snohomish county. One thing they all have in common, the less time the officer spends with you and the less you say, the better the chances at keeping the ticket off your record. If you have been cited with a traffic ticket contact The Law Firm of Lucas D. McWethy at 206-427-4901 or visit www.tickets-dismissed.com .

Advertisements

Felony DUI Laws

There is often an outcry for harsher DUI laws. These outcries usually come right after a well publicized accident, a celebrity arrest (Justin Bieber …), or an otherwise public demonstration of the perils of driving under the influence. While these feelings are understandable, the reality is that Washington State has some of the strictest DUI laws in the nation.  For example, DUI is one of the only misdemeanors in Washington State that has a mandatory jail sentence. This means that even if you have a completely clean criminal history, never even been arrested before, but are convicted of a first offense DUI, you will be sentence do jail time. As opposed to Assault in the fourth degree which has no mandatory jail time. There are many additional penalties for a DUI conviction  that can significantly impact your life, school, and work.

Each year there is typically a bill that circulates the house and senate that aims to increase the penalty for DUI’s. This year, House Bill 2280 aims to increase the penalties of a felony DUI from a class C felony to a class B felony. This increase would effect prison time, offender score, and the fine amount able to be assessed. While it may be difficult to find any compassion for an individual that has been charged with a 5th DUI in 10 years, it is important to remember a few things. First, alcoholism (or other possible drug use) is a disease.  Putting someone in prison for the symptom and not addressing the disease does not better the person nor society. Second, there is no requirement that any of the DUI convictions be for the same substance (alcohol, drug, or prescription) or have involved any aggravating factors (accident, passengers, high breath or blood test, etc.). We do not see this sort of escalation for similar misdemeanors such as assault 4, theft 3, or driving while license suspended. At this point in time, HB 2280 has passed both the house and the senate and is awaiting the Governors signature.

DUI’s have been singled out from the rest of our States misdemeanors for a number of reasons. The most often given is because someone could have been injured. Which is true. It is never a good idea, practice, or decision to drive while under the influence. However, my issues is with punishing someone for what could have, but did not, happen. Especially when there are strict laws that specifically address what could have happened (vehicular assault, vehicular homicide etc.). It becomes a discussion of the whether you should be punished for what could have happened rather than what actually happened. Current DUI law has acceleration clauses that make each additional DUI more penalized, has aggravating factors specifically addressed in the statute, and has mandatory jail and license suspensions. Perhaps the laws are strict enough and it is time to start focusing on the underlying issues for repeat DUI’s rather than just increasing the penalties.

If you or a loved one has been accused of a DUI (first offense or multiple offense), you need an experience DUI lawyer that knows the issues and is there to fight for you. Call the Law Firm of Lucas D. McWethy at 206-427-4901 to set up a free consultation. Serving those accused of criminal offenses in King county, Snohomish County, Skagit County, Island County, Pierce County and Whatcom County.