Out of State Ticket for Speeding

[BrendanjKeegan]

Prosecutors hate service via fax. I doubt they'll accept a fax as proper service. Really, the best idea is to wait until about 16 or 15 days before and overnight mail it (express).

[devbot]

Thanks, Brendan! I called the court today for more info. Got the prosecutor's physical address and phone number and I'm call tomorrow to see whether they received the fax and whether it's acceptable (the court suggested that I fax when I called them a couple of weeks ago). If not, I'm overnight them my request via snail mail. I'll also certify mail a letter to the court house letting them know that I filed a discovery request.

And... I got what I believe is a good piece of news: while I was calling the court house, I asked what date my ticket was filed and they told me February 9th. My infraction date was February 1st. So depending on how you count it, that's either 6 or 7 business days, exceeding the 5 business days limit. What do you suggest that I do now? Should/can I take any immediate action with this information?

[BrendanjKeegan]

You definitely can! Send me a private message ASAP.

[Speedy Gonzalez]

When your case is called, just say this: "Your honor, I move for dismissal with prejudice per IRLJ 2.2(d). The notice of infraction was issued on February 1st, and was filed with the court on February 9th. That is six business days."

The judge will look at his calendar and count the days, and grant your motion. If not, then there had better be a DAMN GOOD reason why it wasn't filed within 5 days. The prosecutor will have to answer that question, if present. If not, there will generally be no argument from the judge.

If the motion is granted, this means the prosecutor CANNOT re-file the ticket.

[devbot]

Thanks for the info, Speedy! I'm out of state and doubt I'll be back to fight this ticket. Is it possible to mention this in my contested hearing by mail? Or should I lawyer up? I don't want to shell out a ton of money for this, but I'll do what it takes to give me a better chance at fighting this!

[Speedy Gonzalez]

Actually, I am not positive if IRLJ 2.2(d) will still apply to a trial by mail. I would think so, but not sure. Barry can answer that better than I can.

[devbot]

Hey all, just wanted to give you an update on what happened. Long story short: ticket dismissed!

Soon after I found out about IRLJ 2.2(d), I contacted a lawyer that Brenden had referred me to and I faxed him my discovery materials. He represented me in court this past Wednesday and got the ticket dismissed.

I'm so glad that I found this forum. Thanks so much to all of you guys for your help, Brenden, Barry, Tom, and Speedy!

[Speedy Gonzalez]

Congrats! It would have been just that much sweeter if you had not needed the lawyer.

[devbot]

Thanks, and for sure! I actually debated making a Seattle vacation out of this, but alas, it is what it is!