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  1. #1
    Join Date
    Jan 2012
    Posts
    6

    Default Officer Filed Ticket Outside the 5 Day Time Frame What's Next

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

    I got a ticket 10/31/11 for speeding 51 in a 35. I have requested a hearing to contest the ticket. I called the clerk of court to find out information about the prosecutor so I can file a discovery letter. I found out the the officer filed the ticket on 11/10/11, which is clearly outside the 5 day window that is stated in the 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. 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.
    I am wondering what my next step is? Do I go to court and ask to have ticket dismissed?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    You can, however expect the judge to be lenient in terms of determining good cause.

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    Exactly. "Your honor, I move to dismiss the infraction pursuant to IRLJ 2.2 (d). The Notice was not filed within 10 days of issuance."

  4. #4
    Join Date
    Jan 2012
    Posts
    6

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    Ok I will give it a try. It seams too easy....

  5. #5
    Join Date
    Sep 2009
    Posts
    107

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    Quote Quoting BrendanjKeegan
    View Post
    Exactly. "Your honor, I move to dismiss the infraction pursuant to IRLJ 2.2 (d). The Notice was not filed within 10 days of issuance."
    I believe you mean 5 days of issuance.

  6. #6
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    -Er, correcto. 5.

  7. #7
    Join Date
    Jan 2012
    Posts
    6

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    When do I file the motion in court?

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Officer Filed Ticket Outside the 5 Day Time Frame What's Next

    As soon as your case is called. Just say the words Brendan gave you above. It'll take about 5 seconds.

    Barry

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