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
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.
Congratulations! Way to go!
Thanks for letting us know.
Barry
Many people win by using "technicalities" and people still just say "just pay it" .... you have learned that this is not the best advice ... congrat's .. use the saved money wisely.