When do I file the motion in court?
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
Just to get the terminology straight: the Notice of Infraction was ISSUED on 31 Oct. It was FILED with the court on 8 Nov -- 6 business days after it was issued. Therefore, the IRLJ 2.2 (d) motion should win the day.
Barry
Update:
Well I had my day in court today. I got to court early and waited for my case to be called. The judge called my name I went up to the front of the court the judge told me to have a seat at the defendants table. Before I sat down, I said that I have a preliminary motion the judge asked what it was. I said "I motion to dismiss the infraction pursuant to irlj 2.2 part d that the infraction was not filed in a timely manner". As I was saying my part the court clerk and a few other people looked up at me with a shocked look not expecting that from me. The judge asked if it was ok to review the case I said yes. While he was reviewing the case, I mentioned the ticket was issued on 10/31/11 and the infraction wasn't filed with the court until 11/8/11. The judge agreed with me and said.."sir you are correct, motion granted case dismissed have a good day." I left the court with a big smile on my face. The whole thing lasted less than a minute.
I want to thank everyone that helped with advice to beat this ticket.