Legal Question in Criminal Law in Washington

Re: off duty officer abuses power against 16 year old girl

Your question is unclear. What does he admit he did? What was said and done, or the citation?

Have your daughter and friend each write down exactly what transpired from start to finish, with exact quotes.

Complain to the Police Department and the City Council.

Make sure your daughter wasn't negligently driving. (Get discovery in the criminal case, which includes the officer report. Then she will know what he's talking about.)

Get a lawyer and a jury trial and let the jury hear what he said and did.

Put up a (truthful) website about the incident and tell the local newspaper, the high school newspaper and other students about it. Be sure to let the Police Department and the City Council know the website.

You probably won't be able to sue him, but you can sure give him some good advertising.

Re: off duty officer abuses power against 16 year old girl

Your daughter could not have received a citation in the mail based on the version you have reported unless the vehicle she was driving is registered in her name. The registration would be the only way the off-duty officer would have her name (you wrote that she was not asked her name).

A previous response said she should request a jury trial. Unless your daughter had been drinking alcohol, she has been charged with an infraction (Negligent Driving 2nd Degree) and not a crime. She can contest the infraction, but is not entitled to a jury trial.

Typically, the prosecuting authority for infractions would rather dismiss such a case rather than endure the embarassment and bad press stemming from the officer's behavior. Contact the court and obtain a copy of the affidavit/report filed in connection with the citation.

Hire a lawyer for further advice on a civil claim. In the meantime, check the box for requesting a contested hearing on the back of the ticktet and send it in within 15 days of the violation date.