Poll:
Are you satisfied that WSP's internal review is punishment enough?
Many of you who saw our story about a Washington state trooper who was caught parking in a handicap spot are asking the same question:
Why isn't the trooper required to pay the $250 fine anyone else would have to pay if they were caught doing the same thing?
A citizen spotted the illegally parked patrol car outside an Oak Harbor strip mall Monday and snapped a photo.
The trooper has taken full responsibility for what happened, Washington State Patrol spokesman Sgt. J.J. Gunderson said, but he won't be fined.
Why not? Because the state patrol, instead, is using an intensive internal review process that, as Gundermann alludes to, will not be pleasant for the trooper.
"If you polled most troopers, they would rather pay the fine than deal with our internal process," said Gundermann. "It's not just a slap on the wrist."
Several commenters on our original story let their frustration be known.
"is (sic) he above the law?" wrote ginas.
"He should pay the fine and get chewed out to boot. Follow the law," wrote lovewashington.
"Looks like he is above the law to me," wrote dede1978.
Gundermann insists that is not the case.
"We're not above the law," said Gundermann, adding, "We're embarrassed. This situation is not fun."
But in this case, the law just might be on the trooper's side.
"if (sic) someone took a picture of your car and showed it to police they would NOT be able to write a citation to you without witnessing it themselves," commenter logic14 wrote.
That assessment appears to be backed up by RCW 46.63.030 which, among other things, says an officer has the authority to issue a ticket "when the infraction is committed in the officer's presence." While the law also says infractions can be issued if caught on a photo enforcement system or a traffic safety camera, it says nothing about a photo provided by a citizen.
In addition, RCW 46.63.140 indicates that if a fine were to be given, it would go to the registered owner of the vehicle, not the driver.
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