Disabled Parking And The Law

Q: What is the law concerned handicapped parking spaces? Must a handicapped person always be present to justify their use? Can abuses be reported, and to whom? Is there a fine that can be imposed to those who misuse a permit?

A: Working backwards through the questions; yes, yes (the police), yes, and you’ll find the laws in chapter 46.19 of the RCW. That’s the super-short summary; now let’s dig in. To start with, I know that we usually use the term “handicapped parking”, but the Revised Code of Washington titled the chapter “Special Parking Privileges for Persons With Disabilities”, and throughout the chapter refers to “special parking privileges” so I’ll be using that term here. I just wanted to point that out so we all know we’re talking about the same thing. Continue reading “Disabled Parking And The Law”

Emergency Vehicles: When To Yield

Q: This question is referring to roads where there are two lanes in each direction with a center turn lane. When there is an emergency vehicle with it’s lights and siren on traveling in the opposite direction, do you have to pull over to the shoulder and stop?

A: I’m inclined to err on a cautious reading of the law with this question, recognizing that there might be room for other interpretations. Here’s what the law says, as found in RCW 46.61.210: “Upon the immediate approach of an authorized vehicle making use of audible and visual signals . . . the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway . . . and shall stop . . .” Continue reading “Emergency Vehicles: When To Yield”

How To Get Through a Yellow Light (Without Getting a Ticket)

Q: What is the standard for judging whether to continue to proceed through an intersection with a yellow light? If a police officer was going to issue a citation, what would they look for? There seems to be a whole continuum and sometimes it is hard to judge whether to make a fast stop or proceed.

A: The classic yellow light dilemma: Do I floor it or slam on the brakes? I’ve heard people say, “Red means stop, green means go, yellow means go faster.” That’s obviously not helpful advice, but in observing drivers at intersections, some people have readily accepted that flawed guidance. In this column I hope to bring a more balanced perspective to the yellow light discussion. Continue reading “How To Get Through a Yellow Light (Without Getting a Ticket)”

Bicycle Rules and Myths

Q: You state that “Target Zero is Washington’s plan to eliminate fatality and serious injury crashes by 2030,” which is laudable. When it speaks of “fatality and serious injury crashes” does that statement include those crashes where bikes are involved? I ask this because here in Bellingham there appears to be absolutely no laws affecting cyclist and their driving behavior.

A: The author of this question continues with a series of situations and statements involving cyclists. I’m going to work my way through the letter affirming laws, dispelling myths and trying to put cycling in perspective with the overall problem of fatalities on our roads. I can’t respond to all of them, but here are the highlights. Continue reading “Bicycle Rules and Myths”

Should You Get Your Speeding Ticket Deferred?

Q: I just got a speeding ticket. How do I get it deferred? Is that a good idea?

A: For some drivers, deferring a traffic infraction makes sense; for others, not so much. It depends on the kind of driver you are. I have a little quiz that can help, but first let’s explain what it means to defer a traffic infraction.

For those of you who have been given an infraction, you may recall that the ticket you received listed several options on how to respond. You can see the options in the image above. Continue reading “Should You Get Your Speeding Ticket Deferred?”

Running From The Cops

Q: Not that I plan on doing it, but what would happen if I tried to outrun the cops on a traffic stop?

A: Let’s work from the assumption that you’re being pulled over for a simple traffic violation and that you’re not a suspect in a heinous crime. Understandably, cops make a greater effort to catch suspects that by their very freedom present a risk to the community than they do for someone who doesn’t use a turn signal. Continue reading “Running From The Cops”

Sleepy? Take A Nap (but not while driving)

Q: My job involves shift work and long hours. Sometimes I’m driving home after being awake for 24 hours. If I fell asleep at the wheel would I be considered impaired? Could I get a DUI?

A: In response your first question, yes, you are impaired. But no, you won’t get a DUI for drowsy driving. Washington’s Driving Under the Influence law is written specifically to address drivers under the influence of “intoxicating liquor, marijuana or any drug”. The law has a narrow scope because it addresses a specific issue. That doesn’t mean that a drowsy driver gets a free pass; just that the DUI law is not the right law to counter this problem. Continue reading “Sleepy? Take A Nap (but not while driving)”

Traffic Tickets: Where The Money Goes

Q: Where does the money from a traffic ticket go?

A: To quote from a friend’s relationship status as described on Facebook, “It’s complicated.” Before I could answer this question I reviewed several charts and spreadsheets from the Washington Administrative Office of the Courts, spoke with a Budget & Judicial Impact Analyst and checked in with our local courts. Here’s the gist of what I discovered: Despite what you may have heard about police officers funding their department budget by writing traffic tickets, in Washington the money from a ticket gets divided into so many buckets that it pretty much disincentivizes any law enforcement agency from writing tickets primarily for revenue. (We’re talking about traditional traffic enforcement here; speed and red light cameras are a whole different system, and some local governments have been willing to provide actual numbers regarding the revenue that traffic cameras generate.) Local government does receives a portion of the fine from a traffic infraction, but when you see the breakdown it’s apparent that it’s not a massive revenue generator for the local police department. The goal of traffic enforcement is to reduce dangerous driver behavior, not to make money, at least for the local police department.

In a few circumstances the division of funds from a ticket depends on the kind of infraction the driver committed. For example, some of the money from a ticket for speeding in a school zone goes toward school zone safety. Aside from specially designated assessments for those types of infractions, traffic fines follow a formula of a base penalty plus a standard set of assessments. Here’s the breakdown for what the courts call a “generic” $136 traffic infraction:

Base Penalty: $48 – This is the amount you’ll find if you look up your infraction in the Washington Courts penalty schedule, which can create some confusion. If, for example, you received a ticket for tailgating (technically it’s called following too closely), you might look it up in the RCW to see if your actions fit the offense and notice that there is no fine amount listed. Digging further you might come across the Washington Courts penalty schedule and seeing $48 as the total amount for your violation think, as you look at your $136 ticket, that you got overcharged. You didn’t. The penalty schedule only includes the base penalty. This base penalty gets divided three ways: $23 is used to fund the Judicial Information System (JIS), the primary information system for courts in Washington. The remaining $25 is split between the state, getting $8, and the local government (not the police department) getting $17. The $17 gets further divided into the general fund and a crime victims fund.

The remainder of the $136 ticket gets divided into the following categories: state general fund, auto theft prevention, emergency medical services and trauma care, legislative assessment, and traumatic brain injury fund. Most of these categories are statewide, but local government receives about eight dollars from the legislative assessment. Once in the general fund, the money goes toward all kinds of government functions, hopefully including a bit for law enforcement.

I don’t mean to downplay the financial impact that a $136 ticket has on an individual. Getting a ticket is, at a minimum, financially unpleasant, and for some, a real hardship. But from a government revenue perspective it’s almost inconsequential. For example, in Whatcom County, revenue from infractions makes up about ½ of 1% of the total county budget of roughly $180 million. Even if all the infraction revenue went to the law and justice portion of the county budget (about $60 million) it would hardly make a dent.

Money from traffic infractions goes to a lot of places, but none of it ends up with the law enforcement agency that issues the infractions.

Can I Get a DUI On My Bike?

Q: With the upsurge of breweries in town I have seen more clearly intoxicated bike riders leaving local breweries. Is there a rule about riding your bike while intoxicated?

A: This is a great example of, “Dumb is not the same as illegal.” In Washington, it is not a crime to ride a bike while drunk. The Revised Code of Washington specifically addresses this issue, making it clear that the role of law enforcement is limited, in most instances, to offering assistance to the impaired cyclist. Some states make it a crime to cycle impaired, but not us. In ascending order of intrusiveness, I’ll list the options available to an officer who encounters a drunk cyclist. Continue reading “Can I Get a DUI On My Bike?”