
Quoting
Speedy Gonzalez
Ah, well, then if you didn't actually do it, that's different. You should be able to submit that same form and get the ticket dismissed. I think they are OK on the dates, since they mailed it within 14 days. If you check the statutes, you do not have to receive it within 14 days. As for the 5 days, you will need to look at the NOI to see when the infraction was issued and check when the infraction was filed with the court.
They have 5 business days to file it from the date the NOI was issued. If the NOI was issued on the 1st, and mailed on the 15th, but filed with the court by the 8th, then they have covered their bases. Since they mailed it on the 15th, they may not have filed it within the 5 days required for a NOI.
If that's the case, then you only need make the following motion:
"Your honor, I move for dismissal with prejudice pursuant to IRLJ 2.2(d). The notice of infraction was not filed with the court within 5 business days of issuance. It was filed on August X, which is X business days."
However, if they filed the NOI by the 8th with the court, then you need to do the statement thing.