Question about Washington State Ticket

[06ninja636]

Hey! I just need some advice. I got a ticket on Aug 4th for failure to yield from a private driveway. No accident was involved BUT it just happened to be a undercover detective in a 06 Dodge Durango that was hauling butt down my road. Anyways If I'm not mistaken (IRLJ 2.2 (d), he has 5 business days to file it with the courts. It wasn't filed intill Aug 24th. I faxed a letter over to the courts requesting it be dismissed due to this reason and I have a court date on Oct 10? What do you think about this and any advice on what to tell the judge? THANKS!

[blewis]

You are correct. As IRLJ 2.2 (d) says:

In the absence of good cause shown, a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed with prejudice.

You must make a motion to have it dismissed. I'm not sure if the clerks can do this on their own, but a judge certainly can. So, unless the officer's got a pretty good reason, your case should be dismissed. Just make sure you move for dismissal at the earliest opportunity -- right after the case is called. If it's not dismissed, you've got really good grounds for appeal.

Good luck,
Barry