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  1. #1
    Join Date
    Sep 2009
    Posts
    107

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

    Quote Quoting BrendanjKeegan
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    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.

  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

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

    -Er, correcto. 5.

  3. #3
    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?

  4. #4
    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

  5. #5
    Join Date
    Jan 2012
    Posts
    6

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

    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

  6. #6
    Join Date
    Oct 2008
    Posts
    276

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

    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

  7. #7
    Join Date
    Jan 2012
    Posts
    6

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

    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

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