In an effort to improve roadside safety for road workers, the Washington State Legislature has enacted RCW 47.36.200, which criminalizes the failure to comply with signs or flaggers at thoroughfare work sites. This crime is classified as a misdemeanor, meaning conviction carries with it the possibility of up to 90 days in jail and $1000 in fines, plus probation.
The lawyers at Ashbach Law Offices, LLC provide aggressive, strong defense for those charged with “Failure to Obey” offenses throughout Skagit, Snohomish, King and Whatcom Counties. Our goal is to aggressively protect you, your family and your interests from the prosecution, saving jail time, licenses, occupations and reputations. With offices in Marysville and Mill Creek, Washington, we are available to meet you discuss your case. We help good people in bad situations. Let us help you.
In General
In an attempt to protect persons involved in the direction of traffic, the Washington State Legislature has enacted laws criminalizing the failure to obey flaggers or law enforcement officers. Examples of alleged offenses include ignoring traffic signs and ignoring an officer attempting to pull over a driver. Each of these offenses is punishable as a Simple Misdemeanor. If you find yourself facing one of these offenses, contact our office to learn how we can help protect you.
Failure to Obey a Flagger
RCW 47.36.200 addresses situations where construction, repair or maintenance work is being performed adjacent to public roads, streets and other thoroughfares, and that work interferes with normal travel and traffic patterns. This statute requires properly posted signs and, in some instances, flaggers to guide traffic. Any contractor, corporation, political subdivision or other agency doing the construction or other maintenance work must comply with these requirements. If the requirements are complied with, and a driver does not obey the traffic signs or the flagger(s), that person may be charged with a simple misdemeanor. Each failure to comply constitutes a separate violation, with a maximum penalty of up to 90 days in jail and/or a $1000 fine.
Sample Result – Failure to Obey a Flagger – Case Dismissed
Serious allegations require serious defense. Call Ashbach Law Offices, LLC, at 360-659-4950 or 888-WA-LAW-NW today for a free, personalized case evaluation. We give each case the individual attention and concern it deserves.
Failure to Obey a Law Enforcement Officer
Similarly, the legislature has enacted RCW 46.61.022 to address situations where drivers ignore the directions of a law enforcement officer. The statute states that “[a]ny person who wilfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer or to comply with RCW 46.61.021(3), is guilty of a misdemeanor.”
RCW 46.61.021(3) requires a driver stopped for a traffic infraction to identify himself or herself and give his or her current address.
Sample Result – Failure to Obey a Flagger – Case Dismissed
We provide aggressive, thorough defense on all our cases. Call us at 360-659-4950 or 888-WA-LAW-NW for a free, individualized case assessment. It is never too early to start preparing a strong defense.
RCW 47.36.200 – Signs or flaggers at thoroughfare work sites — Penalty.
- (1) When construction, repair, or maintenance work is conducted on or adjacent to a public highway, county road, street, bridge, or other thoroughfare commonly traveled and when the work interferes with the normal and established mode of travel on the highway, county road, street, bridge, or thoroughfare, the location shall be properly posted by prominently displayed signs or flaggers or both. Signs used for posting in such an area shall be consistent with the provisions found in the state of Washington “Manual on Uniform Traffic Control Devices for Streets and Highways” obtainable from the department of transportation.
- (2) If the construction, repair, or maintenance work includes or uses grooved pavement, abrupt lane edges, steel plates, or gravel or earth surfaces, the construction, repair, or maintenance zone must be posted with signs stating the condition, as required by current law, and in addition, must warn motorcyclists of the potential hazard only if the hazard or condition exists on a paved public highway, county road, street, bridge, or other thoroughfare commonly traveled. For the purposes of this subsection, the department shall adopt by rule a uniform sign or signs for this purpose, including at least the following language, “MOTORCYCLES USE EXTREME CAUTION.”
- (3) Any contractor, firm, corporation, political subdivision, or other agency performing such work shall comply with this section.
- (4) Each driver of a motor vehicle used in connection with such construction, repair, or maintenance work shall obey traffic signs posted for, and flaggers stationed at such location in the same manner and under the same restrictions as is required for the driver of any other vehicle.
- (5) A violation of or a failure to comply with this section is a misdemeanor. Each day upon which there is a violation, or there is a failure to comply, constitutes a separate violation.
Ashbach Law Offices, LLC, aggressively represents clients charged with Failure to Obey a Flagger or Law Enforcement Officer offenses throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.