Late Notice of Hearing for Mitigation Hearing for a Speeding Ticket

[NotShoreline]

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

I'm a newbie. This is my first speeding ticket in over 20 years of driving. I requested a mitigation hearing for a speeding ticket received in February. I wrote a letter requesting a change of venue since I live in Redmond, work in Seattle, and the venue was the King County District Court of Shoreline. I just received the Notice of Hearing today (March 11, 2011) in the mail, yet the hearing date is Friday, March 18, 2011. The venue is set for Shoreline, so they've ignored my change of venue letter.

The hearing letter also indicates that I could have done a mitigation hearing by mail, but since they need to receive the statement 7 days prior to the scheduled hearing date, I don't even have that option.

Per IRLJ 2.6(D) they did not send the hearing notice in time to give me 14 days notice, therefore I am wondering if I can make a motion to dismiss? The IRLJ 2.6(D) isn't specific on what needs to be written to make a motion to dismiss. Is this simply a letter with the IRLJ 2.6(D) attached and does it need to include some specific language?

Also if I send the motion on Monday and it gets to them on Wednesday, there's probably no guarantee that I will get a reply before Friday when I'm supposed to show up in court. I'm afraid not to show up as they could fine me more or suspend my license. I think I should send the motion to dismiss on Monday anyway and see what happens. Would it make sense to call the court? Any advice you can give would be greatly appreciated.

[blewis]

First of all, IRLJ 2.6 (d) has NOTHING to do with a motion for dismissal. IRLJ 2.6 (f), however, states:

(f) Dismissal With Prejudice. An infraction not brought to hearing within the time period provided by this rule shall, upon motion, be dismissed with prejudice.

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:

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.

So, if you don't file a "speedy trial motion", you waive your objection and cannot move for dismissal.

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),

(c) Disposition. The court shall determine whether the defendants explanation of the events justifies reduction of the monetary penalty. The court shall enter an order finding the defendant committed the infraction and may assess a monetary penalty.

As you can see from the above, the court has NO OPTION but to find you guilty.

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.

Barry