Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jahnis John Abelite
3 Answers | Asked in Traffic Tickets for Washington on
Q: Do non moving violations in Washington( which don't appear on ur record) make a deferall agreement void?
Jahnis John Abelite
Jahnis John Abelite
answered on Dec 29, 2023

It depends upon what the judge ordered when the previous deferral was granted. Some judges state that there can be no committed traffic infraction violations of any type, moving or nonmoving, for a certain period of time, e.g., six or twelve months, from the date when the deferral was granted.... View More

View More Answers

2 Answers | Asked in DUI / DWI for Washington on
Q: I am going prro se on an aggravated dul ?Is that a good idea ?
Jahnis John Abelite
Jahnis John Abelite
answered on Nov 19, 2023

Going pro se on any serious criminal traffic case is never a good idea because the consequences from a bad outcome can be very serious and can have adverse effects on your life for many years. What is an "aggravated DUI" in your case? You don't provide enough information for a proper... View More

View More Answers

1 Answer | Asked in Traffic Tickets and Car Accidents for Washington on
Q: I'm told by a WSP that I'm free to go&I'm not getting an infraction cuz it wasn't my fault, Can they change their mind?

They said they saw the whole thing (accident) & it wasn't my fault cuz I was in the roundabout first. I didn't get a ticket that day, just a "receipt of information" for insurance. Then after the weekend they said they had dashcam footage that showed it was my fault&... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Nov 8, 2023

The first thing to keep in mind is you have 33 days from the date of mailing of the ticket to you (look at the postmark on the envelope in which the ticket was mailed) to respond to the court. You will have to contact the WSP to obtain a copy of the dashcam recording so you can review it. But you... View More

1 Answer | Asked in Traffic Tickets for Washington on
Q: As a passenger in a vehicle without a seat belt do you have to give the officer your ID

I was a passenger in a vehicle took my seat belt off before the cop approached my side of the vehicle cop asked for my ID I refuse to give it to him said he had been talking to me.

Jahnis John Abelite
Jahnis John Abelite
answered on Sep 26, 2023

If a police officer is going to issue a notice of infraction to a person in a motor vehicle for not wearing a seat belt while riding in that vehicle that was stopped, under RCW 7.80.060, the officer can request the person's name, address and date of birth. If the person refuses to provide that... View More

1 Answer | Asked in Traffic Tickets for Washington on
Q: I got a ticket on I-5. The violation code is RCW 46.61.100 How can I prevent it from my driving record?
Jahnis John Abelite
Jahnis John Abelite
answered on Sep 26, 2023

It depends on the facts of your case. You cannot drive in the left lane of traffic of I-5 if you are pulling a trailer, your vehicle combination weighs 10,000 pounds or more, you are impeding traffic or you are not passing slower traffic. The general legal requirement is to drive in the right lane... View More

2 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for Washington on
Q: Had a DUI accident a 1yr ago, did a BAC test, and got charged with DUI and Vehicular Assault but haven't been convicted

It's been a year since the accident I had in WA. Told the officer I had 2 glasses of wine, and did a BAC test but the results haven't been released yet. I had a court date a few days after the accident but it got postponed because they were still investigating. I haven't received... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Aug 25, 2023

Your lawyer should be able to investigate the case and request a copy of the police report. The lawyer should also run your name on the JIS system to see if a court case has been filed. You should have requested a DOL DUI hearing from the Washington DOL within seven days of your arrest. You should... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Civil Rights for Washington on
Q: Hi my husband got a letter saying the department of licensing is taken away his driving privilege authority 46.20.207

46.25.060 because if suspension or revocation of your driving privilege in another state.. which makes no sense he lives in Washington and. Has not been anywhere but Washington and he didn't give anyone wrong info so we are so confused makes no sence

Jahnis John Abelite
Jahnis John Abelite
answered on Jun 5, 2021

Your best course of action is to call the DOL on Monday at 360 902 3900, option 6, and have them explain to you how this situation came about. They are the best source of information for you on this matter. Maybe someone impersonated your husband and maybe stole his identity. Once you get the facts... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Washington on
Q: Is it worth hiring a traffic lawyer for a moving violation in a rental car?

I recently got a ticket for going "too fast for road conditions" and sliding over an embankment. The rental company's insurance got billed instead of my own, so I'm not sure if it would even affect my insurance rates, and that's the only reason I would consider hiring one... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Feb 9, 2021

That depends. That the rental car company insurance will pay for the damage is not the point. You received the ticket because of your driving and the vehicle damage issue is not relevant. If you decide to defend the ticket yourself and you lose because the court rules against you, it will go on... View More

2 Answers | Asked in Traffic Tickets for Washington on
Q: For a traffic ticket received in Snohomish County by a WA State Trooper, who is the Plaintiff and who is the prosecutor?

I received a ticket for failure to dim my brights, and I intend to contest it. I'm drafting a letter to request discovery, and am wondering if the plaintif is Sate of WA or Snohomish County? I'm also wondering how I find out who the prosecutor is that I need to serve? Thank you in advance!

Jahnis John Abelite
Jahnis John Abelite
answered on Dec 7, 2020

Unless you are issued a traffic infraction or citation by a city policeman or a federal officer, e.g., national park ranger, the plaintiff is the State of Washington and not the county. You must respond within 15 days of the date you received the infraction or traffic ticket. You address your... View More

View More Answers

2 Answers | Asked in Criminal Law and DUI / DWI for Washington on
Q: What will my consequences be when my court date comes around?

I just got pulled over for expired tabs,and the cop smelled my weed in my car,he gave me a few options but in the end he didn't search my car because I gave up my weed. There was about a 4th of weed in the jar. I'm 19 and he did no field sobriety tests,and I live in Washington state

Jahnis John Abelite
Jahnis John Abelite
answered on Sep 5, 2020

It depends. If the officer did not have you do any field sobriety tests and he did not get a warrant for a blood draw, then there shouldn't be any basis for a DUI charge to be filed against you. It appears that he could issue a traffic infraction for expired tabs which is not a criminal... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Washington on
Q: Cop told me he wasn't going to give me a ticket. He didn't hand me any papers. 2 weeks later I got a ticket in the mail.

Cop pulled me over for going 60 in a 45. After running my license, he came back and told me he wasn't going to give me a ticket, just a citation. He didn't give me any papers or anything to sign. 2 weeks later I get a ticket in the mail for a speeding ticket from that night. Should I try... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Aug 17, 2020

It depends. First, a speeding violation is issued in a document called an infraction, commonly called a ticket, that only can require a driver to pay a fine and there is no possibility of jail time or other personal penalties. Citations are normally criminal citations, also called criminal... View More

1 Answer | Asked in Traffic Tickets for Washington on
Q: How can months after my license was suspended can the state impose new requirements for me to get my license reinstated?

License was suspended for 90 days because of being charged with a dui. After a year and a half of programs, counseling, driving classes, victim panels and fees went to court and had the charge reduced to a reckless. Which then came with another suspension of 30 days plus all of the fees AGAIN!! To... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Aug 4, 2020

When a driver is arrested for a DUI in Washington State, there are two different public agencies that have the authority to control what happens to the driver: the courts and the state drivers license agency, here DOL. The court has certain authority over the defendant and his or her criminal... View More

1 Answer | Asked in Traffic Tickets for Washington on
Q: In 2015 got a ticket in Washington state, what can I do? my fiance died 2 days before my court date i forgot court?

Kelso or cowlitz not sure. Driving without a license. I reached out before, but was told I had to go to court, not a possibility. Clerk wouldn't speak to me.

Jahnis John Abelite
Jahnis John Abelite
answered on Jul 28, 2020

You need to provide more information. A traffic ticket or infraction in Washington State carries with it a fine only with no chance of jail. If the driver fails to respond to the ticket, then a $52.00 penalty is added to the basic fine. If that total amount is not paid within 60 days, then the... View More

2 Answers | Asked in Traffic Tickets for Washington on
Q: I got a ticket for expired tags in February. And I still need to pay it but everything is shut down now.

My dog literally ate my ticket with all the information on it. I'm not sure what I'm supposed to do especially with everything shutdown because of COVID 19.

Jahnis John Abelite
Jahnis John Abelite
answered on Mar 29, 2020

Contact the district court closest to where you received the ticket by telephone Monday morning. The clerk will run your name and birthday and check your record. You can pay online to all courts. You also may wish to contact DOL at 360 902 3900 option 6 to check the status of your driver license.... View More

View More Answers

1 Answer | Asked in Traffic Tickets for Washington on
Q: How do you fight a "My word against your word"issue?

I was pulled over by police officer during work. I was written a ticket for 55 miles an hour in a 40 mile-an-hour Zone. When I ask to see the radar box. The Box Read 50-48. I asked the police officer what those numbers were and he told me 50 was my speed and 48 was his speed. . When I asked why I... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Feb 10, 2020

It depends upon a number of factors. The cop is not required to show you the radar gun with its reading. Your best chance to beat this ticket or get a result that will not hurt your license or insurance records is to hire an experienced traffic lawyer who can provide you with the best possible... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.