Traffic ticket technicality has little effect on North Peninsula

An oversight on the part of the state Department of Licensing that invalidates some traffic tickets should have little impact on the North Olympic Peninsula, say the heads of local law enforcement agencies.

Only certain tickets issued by the Forks Police Department may be affected.

The issue is that the state Licensing Department, over the last six years, neglected to update the state’s Model Traffic Ordinance, which is supposed to include all of Washington state’s traffic laws.

The oversight left out 17 traffic laws passed between 2004 and July of this year, including legislation banning the use of a handheld cell phones while driving that was passed earlier this year.

During that time period, tickets given for those 17 infractions by law enforcement agencies which use the MTO are invalid, the state licensing department says.

Agencies who cite specific state laws rather than the catch-all ordinance are not affected.

On the Peninsula, only the Forks Police Department said it relies on the MTO.

But Rod Fleck, Forks city attorney, said it’s unclear if any invalid tickets were issued.

“We’re not sure as to how many tickets were written during that time period for that,” he said, referring to the law banning the use of a handheld cell phone while driving.

Fleck said he doesn’t believe that any of the other traffic laws left out of the MTO apply to Forks.

Tony Sermonti, Licensing spokesman, said the agency is reimbursing all invalid tickets to the drivers.

“We don’t want our oversight to be a financial impact on local government,” he said.

Licensing is leaving it up to the local governments to notify the state of invalid tickets, Sermonti said.

“It can vary so widely between jurisdictions . . . that it’s best left at the local level,” he said.

Sermonti said tickets issued by the State Patrol are not affected.

Licensing says drivers who think they may be eligible for refunds should call the courts cited on their tickets.

For additional information, visit http://tinyurl.com/ticketrefund.

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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

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