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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Late Contested Hearing Notification for a Traffic Court Hearing

    My question involves traffic court in the State of Washington, Renton

    Here is my situation:
    - I have received a speeding ticket for 59 in 40 mile zone in between Issaquah and Renton on 02.01.2011;
    - The next day (02.02.2011) I mailed the form with the "contested hearing" box checked;
    - I had never heard anything from the court until 05.21.2011, when I received a notice of hearing dated 05.19.2011; The hearing date is set for 06.01.2011, which does not give me any time to request discovery or do anything.
    - Since it obviously took them more than 21 days to send me the notice, can I ask for the case to be dismissed based on rule2.6.a.4
    http://www.courts.wa.gov/court_rules...eid=cljirlj2.6
    that says
    " 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"
    ?

    Any ideas?


    Do I have grounds for this case to be dismissed and how I should go about it?

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

    Default Re: Late Contested Hearing Notification for a Traffic Court Hearing

    You will probably NOT have your ticket dismissed due to the 21 day limit, but, of course, you should always try. However, you should file and serve your discovery request TODAY! Hand carry it -- to both the court and the prosecutor. Have them stamp YOUR copy. If you do not receive your materials by the 1st, move for dismissal pursuant to IRLJ 3.1 (b). If the prosecutor states that your request was not timely, produce your hearing notice dated the 19th (already less than 14 days from your court date -- making it impossible for you to comply). If the court or prosecutor talks about a continuance, you must object. Your hearing is already scheduled for the 120th day from the infraction date. Explain that your are NOT giving up your right to a speedy hearing.

    Good luck,
    Barry

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Late Contested Hearing Notification for a Traffic Court Hearing

    I got my discovery request papers today. The only comment the officer made in the comment section is " I have heard vehicle accelerate away and I locked in speed at 59 mph"
    This looks like a lazy work to me. I am going to try to make a motion to dismiss due to insufficient details.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Late Contested Hearing Notification for a Traffic Court Hearing

    Quote Quoting redarmyclub
    View Post
    I got my discovery request papers today. The only comment the officer made in the comment section is " I have heard vehicle accelerate away and I locked in speed at 59 mph"
    This looks like a lazy work to me. I am going to try to make a motion to dismiss due to insufficient details.
    Good luck with that. Let us know how it works for you.

    Barry

  5. #5
    Join Date
    May 2011
    Posts
    3

    Default Re: Late Contested Hearing Notification for a Traffic Court Hearing

    Went to court today and got my ticket dropped!
    Here is what I said: "Your honor, I motion to suppress the officer’s statement on lack of sufficiency and motion for dismissal. The officer does not state if he actually had visual contact with the vehicle, only that he heard it. The officer does not state that the radar detector reading corresponded to his visual observation. Also, the officer did not specify his distance from the target. Therefore, we have no knowledge if the acquisition point was within acceptable operating parameters of the radar unit."
    The judge agreed and the case was dismissed due to the lack of evidence.

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Late Contested Hearing Notification for a Traffic Court Hearing

    Good job! Congratulations.

    Barry

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