Displaying items by tag: Infraction

In the age of Coronavirus and court closures, we can no longer walk in and make payments in person. This page provides all the options for how to make a payment in lieu of walking into the Bremerton Municipal Court's Office. 

Option 1: Pay Online

 

The Bremerton Municipal Court is using a 3rd party service called NCourt to process payments. This system is simple to use and seems to be working smoothly. A small service fee applies. You need to have your case number ready to use this service. To use NCourts to make a payment, click on the link below and you will be linked to their payment site.

 

CLICK HERE

 

Option 2: Pay Over The Phone

 

Again, Bremerton Municipal is utilizing NCourts to process payments over the phone. A small service fee will apply. You will need your case number handy. Their number is:

 

(360) 813-9651

 

Option 3: Pay By Mail

 

To pay by mail, write a check to “Bremerton Municipal Court” and put you name and case number in the memo line of the check or money order. Then send the check to:

 

Bremerton Municipal Court

550 Park Avenue

Bremerton WA 98337

 

No service fee will be added when you pay by mail.

Published in Witt Law Group Blog
Tagged under

In the age of Coronavirus and court closures, we can no longer walk in and make payments in person. No one is currently allowed into the District Court’s Office. This page provides all the options for how to make a payment in lieu of walking into the District Court Clerk’s Office.


Option 1: Pay Online


The Kitsap County District Court is using a 3rd party service called NCourt to process payments. This system is simple to use and seems to be working smoothly. A small service fee applies. You need to have your case number ready to use this service. To use NCourts to make a payment, click on the link below and you will be linked to their payment site.


CLICK HERE


Option 2: Pay Over The Phone


Again, Kitsap District is utilizing NCourts to process payments over the phone. A small service fee will apply. You will need your case number handy. Their number is:


(844) 546-9370


Option 3: Pay By Mail


To pay by mail, write a check to “Kitsap County District Court” and put you name and case number in the memo line of the check or money order. Then send the check to:


Kitsap County District Court
Room 106
Port Orchard WA 98366

 

No service fee will be added when you pay by mail.

Published in Witt Law Group Blog
Tagged under
July 07, 2019

Skateboarding in Uptown

Witt Law Group calls B.S.


Skateboarding may be a crime, but the act of skateboarding is only a crime if it occurs in an area where the police have jurisdiction to regulate it. Skateboarding in your driveway (or any other place that is private property) is not a crime, even if the City has an ordinance preventing it.


This photo depicts the City of Gig Harbor’s attempt to curtail skateboarding. The problem with the City’s attempt is that it is trying to control conduct on private property. These signs are erected in the “Up Town” area, which is private property. Even if the City had a “No Skateboarding” ordinance, it would only be enforceable on public property, not private.

Possibly Trespassing


The remedy that “Up Town” does have is to alert the authorities that individuals are Trespassing. If there is adequate signage prohibiting skateboarding on private property that is otherwise open to the public, then the skateboarder could be removed. The skateboarder could be “trespassed” and prevented from returning to the property. If they returned, then the City Prosecutor could prosecute the individual for Trespassing in the Second Degree.

Hollow Threat

No one at “Up Town” is getting prosecuted for skateboarding. Witt Law Group’s official, legal analysis: The sign is a hollow threat. It is B.S.


At Witt Law Group, we handle all kinds of criminal defense issues, even ridiculous ones. We defend cases in Pierce and Kitsap Counties, and have offices in Gig Harbor, Bremerton and Poulsbo for your convenience. We can answer your calls in the evenings or on weekends. Thanks for reading.

Published in Witt Law Group Blog
Tagged under

Speeding tickets are annoying. People often do not feel protected and served when a young Trooper in an unmarked car hands them a revenue generating ticket. Some people are inclined to not sign the ticket.


We have been asked several times over the years – “Is it unlawful to refuse to sign the ticket?”

RCW Dictates You Must Sign The Ticket


In Washington State, RCW 46.61.021(3) requires a person to “sign an acknowledgement of receipt of the notice of infraction and RCW 46.61.022 makes willful violation a misdemeanor. So, yes, it is a crime (misdemeanor) to refuse to acknowledge receipt. However, you are not required to promise to respond. Even if you do not agree with it, you need to sign the ticket. You can always challenge it later.

Best Practice - Respond And Fight It


The best practice would be to sign the ticket, and then let us defend you! At the Witt Law Group, Ryan Witt has been representing people with speeding tickets for over fifteen years. No case is too small. We acknowledge that for some, getting a speeding ticket is a big deal, and we treat your day in Court with the same dedication as we would give a felony. We handle infractions in Pierce and Kitsap Counties. Contact our Gig Harbor, Bremeton or Poulsbo office today and let us turn that ticket into a dismissal.

Published in Witt Law Group Blog
Tagged under

If I am pulled over for speeding in a school zone, can I defer the ticket? Answer: Yes.

People often have the belief that if they are pulled over in a school zone for speeding or any other infraction, they can’t defer the infraction. That is not the case. Generally, you can only defer a ticket once every seven years. Specifically, you are only barred from deferring an infraction if (1) you have a CDL, or (2) if your infraction is for Negligent Driving in the Second Degree and you have a “vulnerable victim” in the car (like a very young child). Otherwise there are no restrictions. So a school zone ticket is not a bar to deferring a ticket. Here is the relevant statute:

RCW 46.63.070


(5)(a) Except as provided in (b), (c), and (d) of this subsection…. the court may defer findings … for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.


(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.


(c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.


(d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.

We Handle Infractions

At Witt Law Group PS, we handle infractions as well as criminal defense and personal injury cases. We take cases in Pierce and Kitsap Counties, and have offices in Poulsbo, Bremerton and Gig Harbor Washington for your convenience. We can answer your infraction calls in the evenings or on weekends. We fight to keep that speeding ticket off of your record!

Published in Witt Law Group Blog
Tagged under
May 21, 2019

Littering

Littering is prohibited in Washington State by RCW 70.93.060. The unusual thing about littering is that the violation can either be written as an infraction or it can be charged as a crime. With an infraction an individual pays a fine, with a crime there is potential jail time.

Littering Defined

It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forestland, recreational area, trailer park, highway, road, street, or alley.

The severity of how the littering case is prosecuted is based on volume. The three different levels of severity are listed below.

Civil Infraction

It is a civil infraction if the litter is in an amount less than or equal to one cubic foot.

Misdemeanor

It is a misdemeanor if the litter in an amount greater than one cubic foot but less than one cubic yard. If the person is convicted, a condition of the sentence is typically payment of twice the cost of the cleanup.

Gross Misdemeanor

It is a gross misdemeanor if the litter is in an amount of one cubic yard or more. Again, if there is a sentence, a condition is payment of twice the cost of cleanup.

If you have been accused of littering, there is typically a defense that can be presented. The stakes are large since these matters can be charges as crimes and not just civil infractions. Often times the police reports are entirely hearsay and the investigating officers will have no first hand knowledge, which is required by the rules of evidence. Our lawyers handle all infractions, including littering.

We have offices in Bremerton, Poulsbo and Gig Harbor Washington for your convenience.

Published in Witt Law Group Blog
Tagged under

Once or twice a year a client or friend (or both) will call our office and explain that one of their parents received a “Parking in a Handicapped Zone” ticket. They will further explain that their parent has a valid handicapped placard, but the one that was displayed in the vehicle was expired. Hence, their fixed income parent received a whopping $450 dollar ticket. In this scenario, people are cited under the “unauthorized use” subsection, which is listed below.

Elements for a Handicapped Placard Violation - RCW 46.19.050

Unauthorized use. Any unauthorized use of the parking placard, special license plate, special year tab, or identification card issued under this chapter is a parking infraction with a monetary penalty of two hundred fifty dollars. In addition to any penalty or fine imposed under this subsection, two hundred dollars must be assessed. For the purpose of this subsection, "unauthorized use" includes (a) any use of a parking placard, special license plate, special year tab, or identification card that is expired, inactivated, faked, forged, or counterfeited, (b) any use of a parking placard, special license plate, special year tab, or identification card of another holder if the initial holder is no longer eligible to use or receive it, and (c) any use of a parking placard, special license plate, special year tab, or identification card of another holder even if permitted to do so by the holder.

The Remedy

If the individual does have a valid placard at the time of the citation, most courts will dismiss the ticket for no fee. Our office has even been able to email proof of the current placard to Kitsap County District Court and they have dismissed the citations with no further court action and no fee. Additionally, Witt Law group charges no fee to assist with these handicap placard citations.

Witt Law Group is a criminal defense and infraction defense law firm with offices in Gig Harbor and Bremeron Washington.

Published in Witt Law Group Blog
Tagged under
March 17, 2019

Infraction On A Bicycle?

As spring approaches, it is important to do a refresher on the rules of the road that apply to bicycles. People flock to the roadsides and trails in hoards once we get a few consecutive days of sun in Western Washington. There are many rules that apply to bicycles, but here are the main ones that apply to all bicycle riders.

Riding on roadways and bicycle paths.

RCW 46.61.770 states that every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic … shall ride as near to the right side … as is safe except as may be appropriate … while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists.

Obedience to and required traffic control devices.

RCW 46.61.050 states every bicyclist shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.

You may be ticketed

Keep in mind that you may receive a ticket on your bicycle just as you would in your car. It is important to adhere to the rules of the road. If you slip up (like we all do) and roll through a stop sign, we would be glad to represent you in Court on the infraction. We have even successfully represented people on skateboards!

Witt Law Group is a criminal defense and infraction defense law firm with attorneys in Bremerton, Poulsbo and Gig Harbor, Washington. If you have received a ticket on your bike, even for not wearing a helmet, we would be glad to represent you.

 

Published in Witt Law Group Blog
Tagged under

Tickets, or speeding tickets are handed out like candy.  If you have recently received a ticket (also known as an infraction), you have a limited amount of time to decide what you can do. There is a 15 day window in which to respond. If you hire Witt Law Group to represent you on the infraction, we will file a Notice of Appearance and handle the response for you. However, it is very critical that you pay close attention to the 15 day time limit. The time limit applies regardless of whether you are represented by counsel or handle it yourself.

 

"Ryan has come through for me more times than I care to admit and thanks to him (certainly no

thanks to me) my driving record is as spotless as the day I got my license!"— A.G

 

What are the impacts of a ticket?

Should you choose to defend your own ticket, one of the impacts is time away from work. Typically, an infraction calendar can mean that you sit in a courtroom for hours before it’s your turn. It is not unusual to miss most or all of a work day. If it is unpaid leave, you are missing out on that income as well as potentially paying the ticket.

If you contest the ticket and are found “committed” (meaning the court finds you guilty of the cited offense), you will have to pay the full amount of the fine. If you do not contest the ticket but ask the court to reduce the amount of the fine (mitigate), you will pay less but do not get a chance to defend yourself—you’re agreeing that you committed the offense. In either case, the ticket will appear on your history and it is very likely that your insurance rates will go up.

If you have a Commercial Driver’s License (CDL), the tickets have a much greater impact and you can lose your license. For teens, an infraction will count as a “warning” and, after two warnings, your license is suspended.

Finally, be aware that your ticket may also lead to further serious consequences such as license suspension as a Habitual Traffic Offender (HTO). Additionally, If you were cited for leaving the scene of an accident, it is possible that the initial ticket is an infraction but, if a person was later found to be injured at the scene, that can become a criminal charge. Furthermore, if you were arrested for DUI (alcohol or marijuana-related) and also cited for an infraction, it is important for your attorney to review both of those cases. Occasionally, the infraction citation is used a pretextual stop for your DUI and greatly impacts the evidence collected on your DUI stop. Your criminal defense attorney will certainly want to analyze the infraction ticket in conjunction with the discovery on your criminal charge.

How can an attorney make any difference?

Often people want to contest their ticket but they don’t understand how to present their side of the case. Furthermore, they don’t know how to seek discovery, subpoena the officer, or properly cross examine the officer. It becomes overwhelming and extremely time-consuming. And, in most cases, non-attorneys focus on the wrong aspects of the case. It isn’t really about what the officer or you think about the ticket, it’s whether the State can prove you violated the relevant statute. There are many facets to analyzing the strength of the State’s case and most non-attorneys would have no reason to know how to do that. It really just comes down to experience.

As prosecutors and defense counsel, our attorneys have handled thousands of infractions. We certainly have experience on our side. When you hire an attorney at Witt Law Group, all of the stress and guess work disappears. In fact, in most cases, you only need to make a single phone call to our office and everything else is taken care of. No time off of work. No worries about discovery. No worries about your defense.

Whether it’s speeding, operating a motor vehicle without insurance, no tabs, improper lane usage, speeding too fast for conditions, negligent driving in the second degree, failure to abide by a traffic control signal, equipment violations (no mud flaps, broken taillights), skateboarding, defective exhaust, tinted windows, violation of restricted license, no seat belt, noise violation (speakers too loud), talking on a cell phone or use of an electronic device, littering, or failure to secure load—we handle them all!

If you would like further information about how a defense attorney can help you with your ticket, attorney Ryan Witt has a video with further explanation.

When a person hires us to handle their infraction, we want them to be familiar with our "infraction protocol."  It will help you understand what we do and what to expect in the following weeks and months. 

CLICK HERE FOR OUR INFRACTION PROTOCOL  

We look forward to assisting you with you infraction!  Witt Law Group is a personal injury and criminal defense law firm with offices in Bremerton and Gig Harbor, Washington. 

Published in Criminal Defense
Tagged under
November 03, 2018

Infraction Protocol

Protocol once you hire Witt Law Group for your traffic infraction:

1) You will provide information regarding the date of infraction, your date of birth and full name, whether you have a CDL, the location of where you were cited, and the ticket number (if you know it) to the attorney or staff at Witt Law Group.

2) Our office will file a Notice of Appearance with the relevant court and prosecutor in the county or city where the infraction was alleged to have been committed. This tells the court and prosecutor that you are being represented by an attorney and all correspondence and discovery should be mailed to our office.

3) A court date is set for us to challenge the ticket. The hearing date is typically set 45 days or more from the date of the infraction. Your attorney can move that date when needed. If you receive a Summons from the court regarding your court date, you do not need to appear unless your attorney tells you to do so. If you have a question about this, call our office.

4) Wait to hear from your attorney. Make sure the office has your current phone number!
While waiting a month or two can be hard for some people, there really is nothing happening until the week before your hearing. Discussions between your attorney and the prosecutor will only happen the week before your hearing (and, in certain courts, the day of your hearing) because the prosecutor is too busy. They have a stack of hundreds of infractions and, rarely, will a prosecutor have the time to pull your case out of the pile before it’s on the front burner. So, sit tight and know that your attorney will call you the week before court as soon as he or she gets word of an agreement to dismiss or another offer for you. Again, make sure we have your current contact information.

5) When your attorney calls, you will be asked whether you want to contest your ticket (assuming the prosecutor hasn’t already agreed to dismiss it). Most of the time, this can happen without you going to court. Sometimes, your presence may be needed. There may also be another offer from the prosecutor in which you pay a fine but the infraction is reduced to a nonmoving violation that is not reported to the Department of Licensing (so your insurance rates won’t go up). Your attorney must get your approval to determine which route you want the case to go.

6) On the day of your hearing, the attorney will act on your behalf and follow the plan that you discussed over the phone. Occasionally, if something has changed (perhaps you have more history than you initially let your attorney know about), the hearing date can be moved to a later time. This gives your attorney time to speak with you about new discovery or review new offers from the prosecutor. The normal protocol is to resolve the case on the initial date set for the hearing and we try to avoid re-setting the hearing. If we were unable to reach you during the week prior to the hearing, we will have to move the court date.

7) Within a few days of the hearing, you will hear from our office. The results of your representation will be conveyed to you and what, if anything, you need to do for follow up. If you need to send a check for a fine, you will be instructed on how to do that and where the check should be mailed. Since we handle a high volume of infractions, it is normal to hear from us within a week of your hearing. However, if you are eager to know the results on the day of the infraction hearing, please let our staff know that you’d like a call that evening. We will do our best to accommodate.

Published in Witt Law Group Blog
Tagged under
Page 1 of 2