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  1. #1

    Default Have Not Heard Back on Court Date

    My question involves traffic court in the State of: Washington

    I recieved a speeding ticket and mailed back requesting a mitigation hearing on the night of Friday, November 18th. Thus, it would be postmarked on November 19th (Saturday). Is it true that in Washington, if you do not recieve notification of a trial date in 21 days that you have grounds to get the ticket dismissed (right to a speedy trial)? 21 days would be this Saturday and I have not gotten my court date yet!! Let me know...thanks so much!

  2. #2
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    Default Re: Have Not Heard Back on Court Date

    I believe you are talking about IRLJ 2.6 (a)(4):
    (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.

    http://www.courts.wa.gov/court_rules...eid=cljirlj2.6

    So you need to figure out how you can show that the court not sending you your court date prejudices your case. Note the 21 days is after they receive your response and they have to have it post marked by the 21st day.

  3. #3

    Default Re: Have Not Heard Back on Court Date

    Ok thanks for your quick response. Yes, I would be citing that. However, does it make any difference that I requested a mitigation hearing and chose not to contest it? The section you referenced was under the "contested hearings" section. What does it mean by prejudiced? I'm only 17...not a real legal expert! Thanks!

  4. #4
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    Default Re: Have Not Heard Back on Court Date

    Yes, you are correct -- IRLJ 2.6 (a)(4) ONLY applies to CONTESTED hearings. There is NO SUCH PROVISION for a mitigation hearing. Why? Simple -- you've already pleaded GUILTY! There can be NO dismissal. In fact, if you read IRLJ 3.4 (c), you'll see this statement:

    Quote Quoting IRLJ 3.4 HEARING ON MITIGATING CIRCUMSTANCES
    (c) ... The court shall enter an order finding the defendant committed the infraction and may assess a monetary penalty.
    The court doesn't even have the option of finding you "not guilty" or dismissing the case. The word "shall" means "MUST".

    The only way to obtain a dismissal of charges is to CONTEST the infraction. Now, of course, you can always CHANGE your plea -- but then the clocks start all over again. So, do yourself a favor. Unless you want to contest the charges, quit worrying about a dismissal or 21 day deadlines.

    Barry

  5. #5

    Default Re: Have Not Heard Back on Court Date

    If I dont hear back, what should I do if anything?

    Also, what about IRLJ 2.6 (b) (3) (e) and (f)? Wouldn't those apply to me? I am having a mitigation hearing. And it says basically the same thing in section f!

  6. #6
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    Default Re: Have Not Heard Back on Court Date

    Quote Quoting blewis
    View Post
    . The word "shall" means "MUST".
    For the OP's benefit, since he is eager to learn. The words shall, must, should, will etc...denote the requirement of doing an act.

    The general rule for statues is not always the way it is but the general rule is that the word "shall" is a mandatory provision (ie must be done or some type of adverse action may be taken) & all the others are directory (ie should be done but it's not a death-nail if not).

    For other documents that are referenced or can be traced back to a statue the words shall, must, should, will can be considered mandatory. Ex: statue says the "device shall be used in accordance with the manufacturer's instructions"...then the words must, shall, will, should in the manufacturer's manual may be considered mandatory.

    And I have successfully argued that the word "shall" in statues is not mandatory in certain statues. Had a statue that said "this state agency shall direct another agency to use a schedule for this or that purpose" but when they choose a schedule the schedule chosen actually did not serve to fulfill the intent of the statue.

    It can get complicated but the general rule applies most all the time.

    The OP can go the google scholar and do further research if he is so inclined. Maybe he'll want to be a lawyer later.

  7. #7
    Join Date
    Sep 2009
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    Default Re: Have Not Heard Back on Court Date

    My bad, I forgot you requested mitigation. As Barry said none of that applies to you. That is the section you were referring to but has no standing in mitigation. Yes you would need to look at 2.6 (b) which has no option listed for dismissal if the notice is sent outside of the 21 days. You would have a hard time showing prejudice.

  8. #8

    Default Re: Have Not Heard Back on Court Date

    2.6 (b) (3) (e and f) seem to say the same thing though. What is ur take on those sections?

  9. #9
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    Default Re: Have Not Heard Back on Court Date

    Quote Quoting blewis
    View Post
    Yes, you are correct -- IRLJ 2.6 (a)(4) ONLY applies to CONTESTED hearings. There is NO SUCH PROVISION for a mitigation hearing. Why? Simple -- you've already pleaded GUILTY! There can be NO dismissal. In fact, if you read IRLJ 3.4 (c), you'll see this statement:



    The court doesn't even have the option of finding you "not guilty" or dismissing the case. The word "shall" means "MUST".

    The only way to obtain a dismissal of charges is to CONTEST the infraction. Now, of course, you can always CHANGE your plea -- but then the clocks start all over again. So, do yourself a favor. Unless you want to contest the charges, quit worrying about a dismissal or 21 day deadlines.

    Barry
    Actually, for the sake of argument, I'm going to disagree.

    IRLJ 2.6 (f) states: "Dismissal With Prejudice. An infraction not brought to hearing within the time period provided by this rule shall, upon motion, be dismissed with prejudice."

    That means Rule 2.6. Anything within IRLJ 2.6 is fair game. Nowhere does it say that you cannot move to dismiss an infraction during a mitigation hearing.

    IRLJ 2.6 (b) (2) states: "The court shall send the defendant written notice of the time, place, and date of the hearing within 21 days of the request for a hearing."

    Anything within 2.6 (b) has to do with Mitigation Hearings.

    What Barry highlighted in 3.4 (c) was a rule concerning the infraction's disposition. The disposition happens after the hearing has commenced -- in other words, the ruling. The judge cannot make a ruling before the hearing is conducted, as that would be a violation of part (a).

    A finding of guilty is not entered until after the hearing. This is why, just like with a plea of NG, you can change your plea almost all of the way up to verdict or disposition.

    I believe the OP could make a motion to dismiss before the hearing even commences. ...He would probably have to argue this same issue (that IRLJ 2.6(f) applies to all hearings and not just contested hearings.) At the end of the day, you'd have to get the judge to agree, which might be a little bit of an uphill battle.

    Would I do this? No. Should you? I don't know. Should you change the hearing to a contested hearing? Yes.

    Just my $.02

  10. #10
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    Default Re: Have Not Heard Back on Court Date

    You're mixing apples with oranges, Brendan. IRLJ 2.6 (f) talks about an "infraction not brought to hearing within the time period provided by this rule". The "time period provided by this rule" is stated in 2.6 (b)(1) which states:

    Quote Quoting IRLJ 2.6 (b)(1)
    The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court, nor more than 120 days from the date of the notice of infraction....
    THAT is the "time period" provided. It has absolutely NOTHING to do with paragraph (b)(2).

    Notice that failure to provide notice for a CONTESTED hearing within 21 days carries its own remedy, as specified in IRLJ 2.6 (a)(4), another indication that paragraph (f) does NOT apply to the 21 day deadline -- if it did, there would be no need for a separate remedy. There is NO equivalent to paragraph (a)(4) in Section (b).

    Furthermore, in order to invoke paragraph (f), OP MUST comply with paragraph (d):

    Quote Quoting IRLJ 2.6
    (d) Objection to Hearing Date. A defendant who objects to the hearing date set by the court upon the ground that it is not within the time limits prescribed by this rule shall file with the court and serve upon the prosecuting authority a written motion for a speedy hearing date within 10 days after the notice of hearing is mailed or otherwise given to the defendant. Failure of a party, for any reason, to make such a motion shall be a waiver of the objection that a hearing commenced on such a date is not within the time limits prescribed by this rule. The written notice of the hearing date shall contain a copy of IRLJ 2.6(d).
    I agree that disposition occurs AT THE END of the hearing, but, unless OP changes to NG -- before the end of that hearing, the Guilty Order MUST be entered.

    Now, if the court does fail to schedule the hearing within the 14 to 120 day time period, file the Motion for a Speedy Hearing. If it's not rescheduled, move for dismissal pursuant to IRLJ 2.6 (f).

    Barry

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