I am so glad I found this thread...thanks for the guide, blewis! I have a question regarding something you wrote in Part III:
If you decide to contest your ticket, this is where the fun (and work) begins. After you receive your court date notice, be sure to check to see if it is within the proper time frame. Be sure to carefully read through IRLJ 2.6. Here are the salient points:
• Written notice must be sent within 21 days. See paragraph (2).
• If a pre-hearing conference is scheduled, it must be at least 14 days from the day the notice is sent and within 45 days of the infraction. See paragraph (a)(1)(i).
• The contested hearing must be at least 14 days from the day the notice is sent and with 90 days of the pre-hearing conference (in one is scheduled) or 120 days of the date of the infraction (if no pre-hearing conference is scheduled). See paragraphs (a)(1) and (a)(1)(ii).
• If your hearing is outside these times, you can make a motion for dismissal. See paragraph (f).
• As long as the delay is not YOUR fault. See paragraph (e).
• However, before you can move for dismissal, you must first file a motion for a speedy trial – WITHIN 10 DAYS OF RECEIVING THE NOTICE. See paragraph (d).
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I am contesting an infraction from the City of Tacoma. The infraction occurred on July 7, 2010. I requested a hearing (contesting the infraction) within the 15-day window. But I only received the hearing notice the other day (it is dated 9/8). This is way too late (not the hearing date itself, but the notice). My read of IRLJ 2.6 indicates the city has 21 days from my request to send me a Notice of Hearing.
I'm thinking all I need to do is file a single Motion to Dismiss, since the issue is not the hearing date itself, but the timing of the Notice. Is that correct?
Also, do you have any tips on actually filing the Motion? Never done this before...
Thanks again!
PS
I am having trouble locating my copy of the original infraction. And even if I had a copy, there would be nothing on it to indicate that I mailed the original back on any specific date, requesting the hearing. Is this going to be a problem? I know for sure I mailed the form back within 15 days.
If I move to dismiss, is the city just going to say, "Prove we didn't send your Notice of Hearing within 21 days?" What if they claim my request rattled around in the mail or whatever, justifying their late Notice? Do I ask for a copy of my Request for Hearing in the discovery process?
I know for big cases everything is done registered mail and what-not, but does a municipal traffic court hold you to the same standards? Logically, since I'm required by law to request my hearing 15 days from the infraction, the court should be able to look at the timeframe and realize the city was late with the notice.

