Right on Red Ticket in Lynnwood

[Washington]

So my wife just received same deal that many on the forum have, right turn on red in Lynnwood. Her violation date is 12/27/2010, issue date 1/5/2011, date received letter 1/14/2011, and date the stamp was purchased 1/10/2011 (not postmarked).

11.18.020 Notice of infraction.

A. Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.

So is it 14 days counting the day of violation and do they just need to have made effort to get it into the mail system in the 14, or does it need to arrive at our residence by 14 days.

And she was far outside the 5 business day limit between the violation and the issue date, however I could not find any legal reference to this statute and would love a citation...

Oh, and on top of that, when trying to view the video online, i get only black frames with multiple operating systems, platforms, browsers, and video players, can this be a route for information request?

Thanks a ton, Lynnwood's reputation precedes itself....

[blewis]

So is it 14 days counting the day of violation and do they just need to have made effort to get it into the mail system in the 14, or does it need to arrive at our residence by 14 days.

"Time" is governed by CRLJ 6, which states (in part):

[T]he day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday.

So, as long as it was "mailed" on or before the 10th, they have complied with the Court Rules.

And she was far outside the 5 business day limit between the violation and the issue date, however I could not find any legal reference to this statute and would love a citation...

No such statute or law exists. Once a Notice of Infraction is "issued", the officer has 5 days to file it with the court (see IRLJ 2.2 (d)).

Oh, and on top of that, when trying to view the video online, i get only black frames with multiple operating systems, platforms, browsers, and video players, can this be a route for information request?

Personally, I'd file a Motion to Compel, stating that the URL was not valid.

One more question, was the car registered in your wife's name? Or was the NOI sent to you?

Barry

[Washington]

The car is registered to both of us...both names as defendant. Furthermore, I cannot get the video to play on ANY computer, work, home, parents, siblings, etc. ALL different operating systems, movie players, browsers, etc. I received an email from their supports stating that it works fine on their end, which proves nothing if they are on a local network with the internet server. So I am supposed to pay based on still photos that show the car moving? I don't understand their logic. Not to mention, the whole website is in terrible shape, certificate errors, security issues, etc.

So I should do a bit of research on Motion to Compel? How about a records request to get the video through City Hall? And is there any way to prove the actual mailing date? The stamp with the 1/10 date is an inhouse printed label...OH snap, I just realized that the funny 011111 code right underneath the postmark is the date from the post office (01/11/11). Do you think that would be legit?

Thanks a lot Barry,

[blewis]

You can try the 011111 argument -- it just might work. However, an argument can be made that a document "mailed" (and stamped) in the afternoon of the 10th might not get picked up by the Post Office until the 11th -- and the rule clearly states "mailed". A records request might simply result in another reference to the same web site. Or it might arrive two weeks AFTER the hearing -- there is no time limit on FOIA requests -- but, again, it might be worth a try. The only problem with a Motion to Compel, is that they might set it for a separate motion hearing, which requires ANOTHER trip to court.

Worst case is that you'll have to pay the $124, since it won't go on your record -- no worries about insurance increases.

Barry

[Washington]

HAHA exactly though barry, 124 bucks no biggie, but it's the feeling of a police state, big brother, etc. that irks me. I really appreciate the info, if anything it educates myself a little more about life in general...

Thanks again,