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So I am trying to help out a friend who got a red light ticket in the City of Fife. I called the clerk of the court and asked the filing date and she told me it was filed 10/06. The infraction occurred on 9/24 and was issued on 9/28. Does IRLJ 2.2(d) apply?
So it would seem.
Ok great, we'll use your form for discovery. Any ideas about what we should ask for? I assume he's just to show up, when asked how he pleads he should make a motion to dismiss based on 2.2(d) and if denied he can still probably request mitigation?
Yes, you will need a copy of the "filed" motion showing the infraction date and the filing date -- you might be able to talk to the clerk at the courthouse and have him/her copy it for you without a discovery request. Present that to the judge (be sure to print out a copy if IRLJ 2.2 and take it with you, just in case). You will notice that it says, "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." So, unless the prosecutor can show "good cause" (and that doesn't mean that they were just too busy), the judge really doesn't have much of a choice.
Barry
Ok so when I called the clerk and asked for the filing date they apparently gave me the date when they recieved the request for a hearing not when the ticket was filed. I'm waiting for a hearing date and it's been quite a while. They got the ticket back in 10/6. Reading IRLJ 2.6 (a)
(4) The infraction may be dismissed upon a showing of
prejudice if the court does not send a defendant written notice
of a hearing within 21 days of receipt of the request for a hearing.
I'm wondering if they would apply and how I would go about showing prejudice... This was in a company truck and I've got a busy schedule but I don't know that would show prejudice... Any help would be much appreciated!
Prejudice is pretty tough to show in these kinds of cases. "Prejudice" normally means that something is different because of the event (in this case the event is the delay in sending out the hearing notice). For example, suppose you had a witness who would have testified on you behalf, but because the court delayed the hearing, that witness is now out of the country and no longer available.
Someone else may be able to better help you, but I can't think of anything in this situation. Sorry.
Barry
Ok I kinda figured it would be hard to show but I figured it would be worth asking... Just waiting for a reply from the court so we can file for discovery... He will probably just ask for mitigation but ya never know...