| Contrary to popular belief, traffic ticket and speeding | | | | the case to determine if there was any need to file |
| ticket lawyers aren't always about using procedural | | | | criminal charges. In the end, only one possibility existed |
| loopholes and sneaky tricks like subpoenaing the | | | | for a criminal charge under the facts - vehicular |
| officer and hoping he doesn't show up. Some times it | | | | manslaughter. The requirements for vehicular |
| is actually about practicing law, effectively questioning | | | | manslaughter, however, didn't quite fit this situation. One |
| witnesses, pointing out the flaws in the city's case, and | | | | of three things is needed: (1) operating a vehicle while |
| winning because a traffic infraction actually didn't occur. | | | | intoxicated; (2) operating a vehicle recklessly; or (3) |
| And sometimes it's even more technical than that. Let | | | | operating a vehicle with reckless disregard for the |
| me give you an example to demonstrate what I'm | | | | safety of others. In this case, none of those occurred. |
| talking about. | | | | Because of that King County declined to press |
| This example comes out of real life, in the City of | | | | charges. |
| Seattle (my city, where I am a traffic lawyer, by the | | | | The City of Seattle, however, wasn't ready to give up |
| way). It is actually a pretty sad story, but one that | | | | so easily. They had recently passed an ordinance |
| demonstrates what having a good traffic attorney on | | | | criminalizing traffic infractions when great bodily harm |
| your side can do for you. Here are the facts. | | | | or death resulted from the violations. In this case, the |
| There was a guy driving a van in Seattle in September | | | | City decided the van driver had committed the crime |
| of 2006. It was the morning, and he was likely on his | | | | of assault on the bicyclist, and they went after him. |
| way to work, on his way to a job site, running an | | | | The problem with this, from the perspective of the van |
| errand, or some other innocuous thing. He was driving | | | | driver's Seattle traffic lawyer, was that the |
| the speed limit. He'd never had a traffic infraction | | | | Washington State Legislature explicitly made most |
| before. He was sober. He had not been using drugs. | | | | traffic violations non-criminal infractions, punishable by |
| And his life was about to change forever. | | | | fine only. And, wouldn't you know, failure to yield was |
| He was traveling southbound on a two way street | | | | one of those crimes. |
| (there was traffic coming northbound) and at some | | | | So, the Seattle traffic lawyer moved the court to |
| point during his drive he needed to make a left turn. | | | | dismiss the charges based on the invalidity of the |
| Like all of us do, he waited in the intersection for | | | | statute. And the court denied the motion. After a |
| oncoming traffic to clear, and he proceeded to make | | | | bench trial found the van driver guilty of assault under |
| his turn. However, on this specific day, in this specific | | | | the statute, they appealed the decision to the King |
| intersection, a biker was proceeding southbound. And | | | | County Superior court. At that court, the statute was |
| the driver of the van didn't see her. | | | | seen for what it was, a circumvention of the law as |
| I don't think the collision was severe, but it did cause | | | | created by the Washington State legislature, and ruled |
| the bicyclist to fall off her bike. And, tragically, while she | | | | the statute invalid. After appealing that decision to the |
| was wearing a helmet, she suffered head injuries | | | | Court of Appeals and losing (you can read that |
| ultimately resulting in her death. After the incident the | | | | decision here, the City is believed to have given up. |
| driver was forthcoming with his fault for failure to yield, | | | | So, the moral of the story? Getting a traffic lawyer |
| he and his insurance company settled with the | | | | who knows what they are doing can help you |
| bicyclist's family, and he attempted to move on with his | | | | immensely, not always for the trips and procedural |
| life. | | | | traps they know about, but because they too are |
| While the van driver was trying to move one from this | | | | excellent attorneys dedicated to a practice area |
| horrendous event, as typically happens in cases like | | | | where they are sorely needed. |
| this, King County law enforcement officials reviewed | | | | |