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?
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.
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."
Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
Ok I will give it a try. It seams too easy....
Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
Quote:
Quoting
BrendanjKeegan
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.
Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next
When do I file the motion in court?
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
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
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