False ticket, but license was expired

This is the Revised Code of Washington. http://apps.leg.wa.gov/rcw/default.aspx?cite=. The officer should indicate the statutory citation that you are charged with. Under the court rules http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=IRLJ&ruleid=cljirlj2.1 IRLJ 2.1 (b)(4) states the notice of the infraction should contain the infraction which the defendant is alleged to have committed and the accompanying statutory citation or ordinance number, the date, time, and place the infraction occurred, the date the notice of infraction was issued,and the name and, if applicable, the number of the citing officer; The judge has the discretion to to dismiss under this rule (but this is not guaranteed). You can bring your cell phone log to bolster your argument, but the judge will weigh all of the evidence including the officer's affidavit. For best resolution of your case, you should consider hiring an experienced traffic attorney.

Your Verizon call log might only show that no call was placed, but the law has to do with whether you were holding a cell phone to your ear while driving. It has less to do with actual verbal speech than it does with physical conduct. In fact, a prosecutor might argue that you could have been holding anyone's phone, and the fact that there was no call on your Verizon log might be an issue for the trier of fact (in an infraction case, that's the judge) to weigh, but it is not a legal issue. RCW is the Revised Code of Washington. Some officers cite under the RCW state code, and other officers cite under municipal, county, and federal codes. Absence of an RCW notation is not necessarily a slam dunk for dismissal. As a previous attorney mentioned, an experienced traffic attorney will be able to evaluate the most relevant issues in an infraction case.

Dear Spokane: I think the other two attorneys gave you great information regarding the statutes and the way a judge may view the evidence. I will add one factor that may reduce your worry in terms of the cell phone ticket. In Washington state the cell phone statute provides that "a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers". Also when you are looking for the RCW you are looking for a number. For example the cell phone RCW is RCW 46.61.667. If you were cited for expired license you may have been cited with RCW 46.20.015. By the way,if you are taking in your call log make three photocopies. One for yourself, one for the judge and one for the prosecutor (who may or may not be present). Do not take in your computer or cell phone to show the judge. If you intend to provide evidence to the court it should be something the court can add to the court file. Best wishes with your case.