Hi Barry,

Ok, I spoke with Clerk of the Court and found out some very (potentially) good things!

1st of all, for anyone who's interested, I found out that in Snohomish County (CD), the deferral proceedings are decided in court by the Judge, on a case by case basis. I have never had a deferral, if only I knew about them in my younger years!

2nd, I obtained the filing date for the ticket. The ticket was filed 15 days after the date the ticket was issued! So, I will motion for dismissal as soon as my case is called. Now, the remaining text of IRLJ 2.2(d) states:
Quote Quoting IRLJ 2.2(d)
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.
Does that mean they can just name off any "good" reason and if the Judge so chooses, he can overrule my motion to dismiss? Obviously yes, but I was hoping for some of your insight on this matter or if you've had any experience on what could constitute a "good reason".

Also, when the Prosecutor sent me the discovery packet, one of the items stated this:
Quote Quoting Prosecutors response to my Discovery Request
The State requests a copy of all motions, with corresponding legal authority the defense intends to argue, no less than 5 days before the scheduled hearing date pursuant to CRLJ 5(a) and 6(d).
When I recieved this packet, there were already less than 6 days until the hearing. I could not have possibly complied with this request via mail.
Some questions I have are:
  • Does that mean I can't make the motion because I did not give them a copy? (The reference mentions "ex parte" but I don't know what that means.)
  • Can I bring a copy with me for the State? Is there a proper format?
  • What does "corresponding legal authority mean"?


Thanks again for all your help!