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Washington state has a unique law that allows drivers to attempt to defer a traffic ticket. The ticket will remain in limbo if the driver meets all the qualifications of the deferral period. A driver may defer a non-moving violation and a moving violation ticket once every seven years. A deferral is not guaranteed; it is up to the individual judge who hears the case. The driver will request a deferral though the appropriate paperwork and by submitting an administration fee. There is also a time limit to apply for a deferral, so drivers must not delay after they receive their ticket. If the deferral is granted, the driver must not have any other violations during a set time period, usually one year; if another infraction is committed during the period of probation, the deferral will be canceled and removed and the ticket will be reported to the Department of Licensing. The driver will then be responsible for the original ticket.
Every judge has different procedures when ruling on deferrals. Some judges are very strict and will only grant deferrals to drivers with perfect driving records, while other judges may be more lenient and will consider the circumstances before ruling. Commercial drivers and drivers with an intermediate driver’s license are not allowed to defer tickets. There are some cases where deferrals are never granted, including:
1. Speeding in a school zone or passing a school bus
2. Speeding in a construction zone
3. Driving without insurance
4. Ticketed for an infraction where a fatality occurred.
If a driver fails to pay the administrative fee, which is usually between $100 and $200, their deferral will be canceled and the ticket will be reported to the DOL. The driver will also be assessed an additional penalty fee and could be subject to a license suspension.
Deferrals can be difficult to navigate. Drivers who are considered deferring a ticket should refer to a traffic lawyer who is familiar with the process and also has knowledge of the local court systems and how they typically rule.
© 2012 Created by Drew Massie.
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