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  1. #1
    Join Date
    Mar 2008
    Location
    Seattle, WA (Queen Anne)
    Posts
    17

    Default Actual Violation Date vs Issue Date - IRLJ 2.2 Loophole for Redlight Camera

    My question involves a traffic ticket from the state of: Washington

    Red Light Camera ticket in Renton. NOI filed with court 6 business days following violation date because it takes that long to send info to Arizona where manufacturer (Redflex) of red light camera is and they review then send back to the citing jurisdiction. Asked judged to dismiss per IRLJ 2.2D but was denied but fine was reduced and judge said "ACTUAL VIOLATION DATE" is NOT the "ISSUE DATE" and therefore there seems to be no deadline to between the camera image time and when they decide to issue you the ticket? Judge says NO Start or Stop Date from the time the camera takes the picture and citing officer reviews it so they're in compliance with IRLJ 2.2. So this is a loophole for camera tickets?

    BTW-Stuck it to Renton by requesting a Japanese interpreter so they lost money.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Actual Violation Date vs Issue Date - Irlj 2.2 Loophole for Redlight Camera

    IRLJ 2.2 (d) states:

    Quote Quoting IRLJ 2.2 (d)
    (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.
    However, IRLJ 2.2 (a) states:

    Quote Quoting IRLJ 2.2 (a)
    An infraction is issued on the date the infraction is signed by the citing officer or prosecuting authority.
    So the actual infraction date has NOTHING to do with the Court Rule -- only the date the NOI is ISSUED (signed). However, RCW 46.63.170 (e) states:

    Quote Quoting RCW 46.63.170 referring to Automated Traffic Safety Cameras
    (e) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation....
    So, THAT'S your deadline.

    Barry

  3. #3
    Join Date
    Mar 2008
    Location
    Seattle, WA (Queen Anne)
    Posts
    17

    Default Re: Actual Violation Date vs Issue Date - Irlj 2.2 Loophole for Redlight Camera

    Thank you Barry (god of fighting the evil forces of anti-speeding & REO's)!

  4. #4
    Join Date
    Jun 2011
    Posts
    1

    Default Re: Actual Violation Date vs Issue Date - Irlj 2.2 Loophole for Redlight Camera

    I am dealing with a similar situation in NJ. I just received a notice of violation yesterday 6/3/11 & the notice states that the violation occured on 5/9/11 - nearly a month prior! Not only that, if I want to plead "not guilty" I must notifiy the court "at least 7 days before [my] schedule by date or it may be necessary for [me] to make additional court appearnces" but that date is 6/6/11. They didn't even give me 7 days in order to plead. I am trying to find out what the law is regarding the timeframe they are allowed in issuing these notices.

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