More than 400 drivers cited by the Kent Police between June 10 and July 1 for holding a cell phone to their ear or texting while driving will receive a refund of their $124 tickets because of an error by state Department of Licensing officials.
The state DOL announced July 15 that the state’s Model Traffic Ordinance had not been updated by state officials until July 1 to reflect the new cell phone law that went into effect June 10.
Many cities, including Kent, follow the state’s code book for traffic ordinances. That means drivers cited in those cities for the cell phone violations are eligible for the refund.
The Kent Municipal court will handle refunds to drivers cited in Kent. Drivers do not have to take any action to receive a refund. The city will mail refunds within the next couple of weeks.
“They (ticketed drivers) don’t have to do anything,” said City Chief Prosecutor Tami Perdue in a phone interview July 19. “It is appropriate that we refund the tickets as quickly as we can.”
There were 438 cases in Kent between June 10 and July 1 that involved tickets for holding a cell phone to their ear while driving, texting while driving or approaching a stationary emergency vehicle (another law that had not been updated).
Several drivers have called the city to ask about refunds after the state DOL released information last week that the traffic code had not been updated, Perdue said.
The state’s Model Traffic Ordinance was updated by emergency rule July 1 to include the new laws, said Tony Sermonti, DOL spokesman, in a media release. He said the state will reimburse local jurisdictions for the amount of each refunded fine.
In Kent, the total refunded amount at $124 per ticket is $54,312.
Tickets issued by the State Patrol and Seattle Police are not affected by the error because each agency uses its own traffic rule rather than the state code book.
The DOL has formalized the process to ensure that the traffic ordinance is reviewed annually and updated if necessary, Sermonti said.
Drivers ticketed for cell phone violations between June 10 and July 1 by Kent Police can call the Kent Municipal Court at 253-856-5730 and push 8 or call the city prosecutor’s office at 253-856-5770 to inquire about ticket refunds or the dismissal of a ticket if the fine has not yet been paid.
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