-Er, correcto. 5.
When do I file the motion in court?
As soon as your case is called. Just say the words Brendan gave you above. It'll take about 5 seconds.
Barry
Okay thanks I just wasn't sure when I should file the motion. I will let you know how I make out, my court date is on the 27th of january
you are not necessarily filing a motion. When the judge calls your name you walk up and say your honor i have a pre-liminary motion. "I would motion you to dismiss this case as the Infraction was not filed in a timely manner. This notice of infraction was issued on 10/31/2011 and not filed with the court until 11/10/2011
Update:
I was under the impression the infraction was issued on 11/10/11 as stated by the court clerk. But after review of the discovery information the infraction was issued on 11/8/11. Which the ticket was filed with the court on thethe 6 business day which is still outside of the 5 day allowance