Results 1 to 10 of 15

Hybrid View

  1. #1
    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?

  2. #2
    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

  3. #3
    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

  4. #4
    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

  5. #5
    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

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

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

    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

  7. #7
    Join Date
    Jan 2012
    Posts
    6

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

    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.

    1. Sponsored Links
       

Similar Threads

  1. Defective Equipment: Time Frame for Fix-It Ticket
    By real man in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 08-06-2011, 01:59 AM
  2. Time Frame of Judgement
    By mudd in forum Civil Procedure
    Replies: 1
    Last Post: 11-05-2008, 09:02 PM
  3. Officers Filing of Ticket Time Frame
    By teabagr68 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 10-24-2008, 05:15 PM
  4. Post-Conviction Relief: Appeal Time Frame
    By moonshadow2447 in forum Criminal Procedure
    Replies: 1
    Last Post: 03-14-2008, 09:41 AM
  5. Settlement time frame
    By JGH in forum Worker's Compensation
    Replies: 3
    Last Post: 06-05-2006, 04:38 AM
 
 
Sponsored Links

Legal Help, Information and Resources