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Officer Filed Ticket Outside the 5 Day Time Frame What's Next

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  • 01-06-2012, 02:07 PM
    cgrossbach
    Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    My question involves a traffic ticket from the state of: Washington

    I got a ticket 10/31/11 for speeding 51 in a 35. I have requested a hearing to contest the ticket. I called the clerk of court to find out information about the prosecutor so I can file a discovery letter. I found out the the officer filed the ticket on 11/10/11, which is clearly outside the 5 day window that is stated in the IRLJ 2.2 (d)
    Quote:

    (d) Filing of Notice. When a notice of infraction has been
    issued, the notice shall be filed with a court having
    jurisdiction over the infraction or with a violations bureau
    subject to such courts supervision. The notice must be filed
    within five days of issuance of the notice, excluding Saturdays,
    Sundays, and holidays. In the absence of good cause shown, a
    notice of infraction not filed within the time limits of this
    section shall, upon motion, be dismissed with prejudice.

    I am wondering what my next step is? Do I go to court and ask to have ticket dismissed?
  • 01-06-2012, 03:04 PM
    Disagreeable
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    You can, however expect the judge to be lenient in terms of determining good cause.
  • 01-06-2012, 03:54 PM
    BrendanjKeegan
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    Exactly. "Your honor, I move to dismiss the infraction pursuant to IRLJ 2.2 (d). The Notice was not filed within 10 days of issuance."
  • 01-06-2012, 04:21 PM
    cgrossbach
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    Ok I will give it a try. It seams too easy....
  • 01-06-2012, 05:37 PM
    jjb
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    Quote:

    Quoting BrendanjKeegan
    View Post
    Exactly. "Your honor, I move to dismiss the infraction pursuant to IRLJ 2.2 (d). The Notice was not filed within 10 days of issuance."

    I believe you mean 5 days of issuance.
  • 01-06-2012, 08:05 PM
    BrendanjKeegan
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    -Er, correcto. 5.
  • 01-11-2012, 01:17 AM
    cgrossbach
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    When do I file the motion in court?
  • 01-11-2012, 10:42 AM
    blewis
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    As soon as your case is called. Just say the words Brendan gave you above. It'll take about 5 seconds.

    Barry
  • 01-11-2012, 11:15 AM
    cgrossbach
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    Okay thanks I just wasn't sure when I should file the motion. I will let you know how I make out, my court date is on the 27th of january
  • 01-11-2012, 11:26 AM
    colemac65
    Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
    you are not necessarily filing a motion. When the judge calls your name you walk up and say your honor i have a pre-liminary motion. "I would motion you to dismiss this case as the Infraction was not filed in a timely manner. This notice of infraction was issued on 10/31/2011 and not filed with the court until 11/10/2011
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