Ticket was filed 15 days late, but judge didn't dismiss case. Should I appeal?

[GoodDriver_WA]

This post is a follow up to http://www.expertlaw.com/forums/show...2597#post82597

Summary: I got a speeding ticket, requested discovery, discovered that the filing date was 15 days after issuance, and according to Washington State law IRLJ 2.2(d) the ticket must be filed with 5 days, unless there is a good reason for any delay. I went to court, motioned for dismissal, the judge said "I'll take your motion under advisement". The he sent me home and said I'd get his decision in the mail.

Well, I got the judge's "decision" in the mail. It was just a bill for my speeding ticket. I'll assume that means he didn't know about IRLJ 2.2(d)?

Or, rather, perhaps more likely, I am the one who doesn't understand the law. I still don't understand why my case wasn't dismissed? Why didn't the judge send me a reason for ignoring that law? As I interpret IRLJ 2.2(d), it seems pretty clear that there must be a "good reason" why the ticket was filed late. And if there IS a good reason, someone better show up at court to give it!

I am considering hiring a lawyer... but I can't afford one right now.

With the late filing date, doesn't that mean the evidence against me (the ticket) is thrown out? Without evidence, how can I be found guilty?

Should I appeal?

Thanks.

[seniorjudge]

Yes, appeal.

[blewis]

WOW! It sounds to me as though you're really getting the shaft! As I indicated in your previous thread, this should have been a slam-dunk.

An appeal is fairly expensive, and it's unlikely you will recover your appeal costs. When I did mine (over a year ago), it cost $110 to file the appeal, plus I had to pay $40 for a CD of the proceedings. In addition, if you can't take care of it yourself, you will have to pay someone to transcribe the proceedings, since the Superior Court will not accept the CD.

That said, I still think this is a slam-dunk. Appeals are NOT de novo in Washington -- they are based solely on the record. In other words, it's not a "new trial". You must appeal based on error. In your case, the court erred by not dismissing the case pursuant to IRLJ 2.2(d).

The "record" in this case is the Report of Proceedings (the transcription of the hearing). It must clearly show that you moved for dismissal. If so, and there was no "good cause shown" as to why the ticket was filed late, you should win.

You can contact the Clerk of the Court where your hearing was held and get the requisite forms for filing an appeal and for preparation of the CD of the proceedings. You MUST file the Notice of Appeal within 30 days of the decision (one of the forms the Clerk should give you).

I went ahead and paid my ticket after the hearing. When my appeal was dismissed, they refunded the ticket cost and I received a notice from the DOL that my record had been expunged.

Good luck, and let us know what you decide to do,
Barry

[GoodDriver_WA]

Thank you, once again, for all the info Barry. You have been very helpful and I REALLY appreciate it.

I am going to appeal... I just wish I knew WHY the judge made his decision. What if there is some obscure reason why he ruled against me, and he was completely justified in doing so, and the next judge's findings are the same?

But, if the judge was wrong, which I think he is, is there some form of system that makes note of it? Like a demerit, or something like that? In my case the judge would have had to deliberately ignore the law and pervert justice for his own personal reasons*, and for some reason that really makes me mad.

*(At my court date, he gave me a real hard time for requesting 3 continuances, all of which he granted.)

[seniorjudge]

Q: I am going to appeal... I just wish I knew WHY the judge made his decision. What if there is some obscure reason why he ruled against me, and he was completely justified in doing so, and the next judge's findings are the same?

A: Unless there is a written decision (and your post says there was not), then you have no idea why the judge did what he did.




Q: But, if the judge was wrong, which I think he is, is there some form of system that makes note of it? Like a demerit, or something like that? In my case the judge would have had to deliberately ignore the law and pervert justice for his own personal reasons*, and for some reason that really makes me mad.

A: Judges don't get demerits.

[blewis]

The judge has to file an "order" stating his/her findings. Basically, it usually states that the court "finds" that you committed the infraction (see IRLJ 3.3(d) which states in part, "If the court finds the infraction was committed, it shall enter an appropriate order on its records.").

However, the court must also address any "pretrial" motions, such as your motion for dismissal. You might be able to get a copy of the order from the Clerk. If so, let me know what it says.

If the court did not address your motion or if it did not state a reason for its denial, it really strengthens your appeal.

If you cannot get a copy, there is only one reason why I can think of for the court not to grant your motion and that is that it wasn't made at the appropriate time. Normally, such motions must be made at the very beginning of the proceedings (or at the pre-hearing conference, if you had one).

If you're going to appeal, be sure to read and adhere to all the RALJ rules.

Let us know how things go,
Barry