Federal Way, WA asked in Traffic Tickets for Washington

Q: I was not pulled over!! but i received a no seatbelt ticket in the mail today supposbly it happened a month ago

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1 Lawyer Answer
Stan Glisson
Stan Glisson
  • Traffic Tickets Lawyer
  • Port Orchard, WA
  • Licensed in Washington

A: There is no legal requirement that you be pulled over, or that the infraction be issued at the time of the incident. Only that the offense occurred in the officer's presence or that he or she has reasonable cause to believe that it was committed.

RCW 7.80.050

Notice of infraction—Issuance, service, filing.

(1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction.

(2) A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer's presence.

(3) A court may issue a notice of civil infraction if an enforcement officer files with the court a written statement that the civil infraction was committed in the officer's presence or that the officer has reasonable cause to believe that a civil infraction was committed.

Doesn't mean that you can't still fight the ticket and possibly win, just that the law does allow a ticket to be mailed to you later rather than issued at the time.

Jahnis John Abelite agrees with this answer

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