Notice of Hearing Was Mailed and Arrived Late

[DangerRadio]

My question involves traffic court in the State of: WA, King County of WA (District Court of Shoreline).

So, as always, I ask for a hearing.

No mail arrives and I actually forget about the ticket.

Today (2/12), the mail comes. The date of the Notice of Hearing is 2/3/11, but the envelope is very clearly postmarked 2/11/11.

My hearing is set for 2/23.

So: Because there are only 11 days before court, we are clearly in violation of the "Rights of Defendants" in that I cannot file a proper request for evidence, as I am already within the 14 day period.

BUT - I cannot take advantage of IRLJ 2.6(D) because, by the time the court opens on Monday, I will be within 9 days of the court date - and I need to file motion of waiver of the objection within 10 days -- which is not possible, since the court didn't even MAIL the notice until the 11th (a Friday).

What steps should I take?

I'm thinking of going "good faith" and filing my request to the prosecutor (and the court) for the citing officer's sworn statement on Monday anyway, knowing that they will never get me the statement in time.

But - I'm also thinking of sending the court a letter, by fax, on Monday - appraising the court that I am hamstrung by IRLJ as the prosecutor failed to provide the hearing notice on a timely basis.

What to do, please?

-Danger

[Mr. Knowitall]

Try complying with the rule and attaching a copy of the envelope showing the postmark date.

(d) Objection to Hearing Date. A defendant who objects to the hearing date set by the court upon the ground that it is not within the time limits prescribed by this rule shall file with the court and serve upon the prosecuting authority a written motion for a speedy hearing date within 10 days after the notice of hearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of the objection that a hearing commenced on such a date is not within the time limits prescribed by this rule. The written notice of the hearing date shall contain a copy of IRLJ 2.6(d).