THE BENEFIT OF HIRING A TRAFFIC LAWYER

There are many reasons to hire a lawyer if you have received a traffic ticket.  In order to preserve your driving record, prevent increases in insurance premiums, and avoid the possibility of losing your driver’s license, it is in your best interest to be represented by someone with solid legal training and experience.  The rules of evidence can be difficult to navigate for a layperson and firm understanding of evidentiary principles and the application of the rules of evidence can be instrumental in winning a contested traffic infraction hearing.

Since the early 1980s, traffic infractions are not considered to be criminal offenses in Washington State.  Therefore, a person accused of violating a traffic law is not afforded  all of the same constitutional protections that are given to defendants in a criminal case.  For example, the officer who issued the ticket does not have to appear in court to testify; the court will admit the officer’s sworn statement that appears on the ticket.  So whether the officer appears in court or not, it is likely that the statement will be admitted into evidence.

This is where a competent attorney’s knowledge of the rules of evidence can be crucial in determining the outcome of the case.  In addition to knowledge of evidentiary matters, trial advocacy skills ( a contested hearing is essentially a min trial), and proficiency in legal research, a good traffic lawyer has an understanding of the issues unique to traffic matters such as the use of radar, lidar and other speed measuring devices.  A good traffic lawyer will know how to effectively cross-examine a speed measuring device expert.  A good traffic lawyer also is skilled at defending traffic cases by using city ordinances, state law, and Washington court rules.

APPEALS

The reality is judges do not always get the law right.  Sometimes they make erroneous judgments that are worthy of appeal.  John E. Gross, Esq. has solid experience in this area from drafting appellate briefs in felony matters heard in Division 1 of the Washington State Court of Appeals.  Most traffic lawyers do not do appellate work, but Mr. Gross will not hesitate to appeal an erroneous judgment to Superior Court and beyond if necessary.  The fees for appeals will vary depending on the complexity of the legal issue.

IMPORTANT:  You MUST check the box on the back of your ticket that indicates you wish to contest the ticket and mail the ticket into to the address provided on the citation within the time period indicated.  Once payment is received, Mr. Gross will file a Notice of Appearance with the court and contact the prosecutor to obtain all documents relating to your case.  If you happen to have a copy of the ticket or plan on making copies before mailing it in to request a hearing, please mail a copy to the above address.

WHAT HAPPENS NEXT

A court date will be set.  Mr. Gross will send you a letter confirming that you have retained him to represent you.  He will conduct both legal and factual research, enter negotiations with the prosecutor, and prepare any possible motions that may be applicable to your case.  You will NOT have to appear in court for the hearing.  Once the hearing is over, you will receive a phone call and letter detailing the outcome of the hearing.  In the meantime feel free to email or call the office with any questions or concerns.