Re: Late Notice of Hearing for Mitigation Hearing for a Speeding Ticket
First of all, IRLJ 2.6 (d) has NOTHING to do with a motion for dismissal. IRLJ 2.6 (f), however, states:
However, BEFORE you can avail yourself of a dismissal pursuant to IRLJ 2.6 (f), you must FIRST file a "Speedy Trial Motion", pursuant to IRLJ 2.6 (d). As (d) states:
Quoting IRLJ 2.6
So, if you don't file a "speedy trial motion", you waive your objection and cannot move for dismissal.
Quoting IRLJ 2.6 (d)
All of this, however, may be MOOT in your case. You requested a "mitigation" hearing -- you have already pleaded "guilty". I don't believe your case CAN be dismissed, simply because your have, literally, elected to "skip" the hearing phase and move straight on to the "sentencing" phase. I know that IRLJ 2.6 provides time frames for mitigation, but you should think of them more as "guidelines". As it states in IRLJ 3.4 (c),
As you can see from the above, the court has NO OPTION but to find you guilty.
Quoting IRLJ 3.4
Now, all that said, you can still send in your speedy trial motion and make a motion for dismissal at the hearing on Friday. Worst case is the judge will deny your motions and fine you the full amount. The judge might also grant your speedy trial motion, but then you'll have to return at a later date. But, of course, there is some small chance the judge might actually grant your motion for dismissal. You just never know. Personally, if you're just going to ask for a deferral, I'd forget all about IRLJ 2.6 and ask for a deferral, pay the "administrative fee" and get on with my life.
Where am I going? And why am I in this handbasket?