Service of Notice for a School Speed Zone Camera

[Chebby]

My question involves a speeding ticket from the State of: WA

Lake Forest Park has installed School Speed Zone Cameras. Ordinace 977 (10.06.040) states the camera speed infractions are "processed in the same manner as parking infractions".

Washington Court rule IRLJ 2.2 (c) Service of Notice states, in short, the notice of infraction is served by 1. the citing officer at time of issuance, 2. the citing officer affixes to vehicle or 3. the citing officer files with court... and the court has the notice served in person or by mail.

Lake Forest Park has an officer review the infraction, the officer notifies the camera vendor American Traffic Solutions (ATS) in Arizona... ultimately with ATS mailing out the notice of infraction to the apparent violator.

Since neither 1, 2 or 3 above are being met, would it be appropriate to move for dismissal since the notice of infraction was not properly served?

[BrendanjKeegan]

Sorry, Charlie. You're out of luck on this one.

IRLJ 2.2(c)(3) says "The citing officer or the prosecuting authority filing
the notice of infraction with the court, in which case the court
shall have the notice served either personally or by mail,
postage prepaid, on the person named in the notice of infraction
at his or her address."

Is the notice of infraction filed with the court? Yes.
Does the court have it served by mail? Yes.

Is your name on the Notice of Violation?

[Chebby]

Call me Chuck

Is the notice of infraction filed with the court? Yes.

The answer to this is: not sure. Due to the short staff of the Lake Forest Park court the duties of assigning the court dates, taking phone calls or making payments are all through ATS in Arizona and not the LFP court. So is the infraction "filed" with the court? Maybe. I will check on this specific part of the question.


Does the court have it served by mail? Yes.

No. This is the very point I am bringing to light. The LFP court is not the authority that is serving the infraction. After the officer gives the nod to ATS then the infraction is mailed out from Arizona... the LFP court does not mail out the infraction. Any mailings of infractions are received from ATS in Arizona or sent to ATS in Arizona... nothing is directly from LFP municipal court.

http://www.cityoflfp.com/speed-cam/speed-camera.html

[Chebby]

I am also learning that LFP may have an agreement with ATS to issue the infractions which will make my argument mute. I engaged in this debate since I have found nothing addressing this issue online, I guess I am now learning why.

I do appreciate the input.