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  1. #1
    Join Date
    Dec 2012
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    4

    Default Process Service Requirement for Traffic Court

    My question involves traffic court in the State of: Washington

    Does Washington state have a process service requirement? Where can I go to find that? Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Process Service Requirement for Traffic Court

    What is the factual context? The officer hands you a ticket - that's notice. What else is involved?

  3. #3
    Join Date
    Dec 2012
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    4

    Default Re: Process Service Requirement for Traffic Court

    The officer didn't hand me a ticket. He told me the ticket would be mailed to me. Two months later I got a notice that my license was going to be suspended because I hadn't responded to my ticket. I called the city and told them they had never mailed anything to me. They looked and said "Oh, you are right. We will send it out to you."
    I was just wondering if in Washington state they have a time requirement for mailing a ticket to you?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Process Service Requirement for Traffic Court

    RULE IRLJ 2.2
    INITIATION OF INFRACTION CASES


    (a) Generally. An infraction case is initiated by the
    issuance, service, and filing of a notice of infraction in
    accordance with this rule. An infraction is issued on the date
    the infraction is signed by the citing officer or prosecuting authority.

    (b) Who May Issue. A notice of infraction may be issued, upon
    certification that the issuer has probable cause to believe, and
    does believe, that a person has committed an infraction contrary to law:

    (1) By a citing officer. The infraction need not have been
    committed in the officers presence, except as provided by statute;

    (2) By the prosecuting authority.

    (c) Service of Notice. A notice of infraction may be served either by:

    (1) The citing officer serving the notice of infraction on
    the person named in the notice of infraction at the time of issuance;

    (2) The citing officer affixing to a vehicle in a conspicuous
    place the notice of a traffic infraction if it alleges the
    violation of a parking, standing, or stopping statute; or

    (3) The citing officer or the prosecuting authority filing
    the notice of infraction with the court, in which case the court
    shall have the notice served either personally or by mail,
    postage prepaid, on the person named in the notice of infraction
    at his or her address. If a notice of infraction served by mail
    is returned to the court as undeliverable, the court shall issue a summons.

    (d) Filing of Notice. When a notice of infraction has been
    issued, the notice shall be filed with a court having
    jurisdiction over the infraction or with a violations bureau
    subject to such courts supervision. The notice must be filed
    within five days of issuance of the notice, excluding Saturdays,
    Sundays, and holidays. 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.

    - - - Updated - - -

    Quote Quoting duracell
    View Post
    The officer didn't hand me a ticket. He told me the ticket would be mailed to me. Two months later I got a notice that my license was going to be suspended because I hadn't responded to my ticket. I called the city and told them they had never mailed anything to me. They looked and said "Oh, you are right. We will send it out to you."
    I was just wondering if in Washington state they have a time requirement for mailing a ticket to you?
    Send it back "return to sender" if gotten in the mail. Don't know why you did not go to the courthouse and look at the file and then file a motion to vacate default judgment and motion to dismiss for lack of jurisdiction.

    Go file these now.

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Process Service Requirement for Traffic Court

    What are the circumstances of this infraction? What were you charged with? When? Where? When was the citation written? When was it filed with the court?

    Here is what the law says. However, if they filed it in the correct amount of time, there is no remedy given if they did not properly serve you as far as I know. You can only request a new hearing.

    Quote Quoting
    RULE IRLJ 2.2
    INITIATION OF INFRACTION CASES



    (a) Generally. An infraction case is initiated by the
    issuance, service, and filing of a notice of infraction in
    accordance with this rule. An infraction is issued on the date
    the infraction is signed by the citing officer or prosecuting authority.

    (b) Who May Issue. A notice of infraction may be issued, upon
    certification that the issuer has probable cause to believe, and
    does believe, that a person has committed an infraction contrary to law:

    (1) By a citing officer. The infraction need not have been
    committed in the officers presence, except as provided by statute;

    (2) By the prosecuting authority.

    (c) Service of Notice. A notice of infraction may be served either by:

    (1) The citing officer serving the notice of infraction on
    the person named in the notice of infraction at the time of issuance;

    (2) The citing officer affixing to a vehicle in a conspicuous
    place the notice of a traffic infraction if it alleges the
    violation of a parking, standing, or stopping statute; or

    (3) The citing officer or the prosecuting authority filing
    the notice of infraction with the court, in which case the court
    shall have the notice served either personally or by mail,
    postage prepaid, on the person named in the notice of infraction
    at his or her address. If a notice of infraction served by mail
    is returned to the court as undeliverable, the court shall issue a summons.

    (d) Filing of Notice. When a notice of infraction has been
    issued, the notice shall be filed with a court having
    jurisdiction over the infraction or with a violations bureau
    subject to such courts supervision. The notice must be filed
    within five days of issuance of the notice, excluding Saturdays,
    Sundays, and holidays. 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.

  6. #6
    Join Date
    Dec 2012
    Posts
    4

    Default Re: Process Service Requirement for Traffic Court

    Thanks for the answer to my question. Now to answer your questions:
    What are the circumstances of this infraction? It was just a normal sppeding ticket. It was in a school zone. The officer was standing on the side of the road and flagged me over. He got my information and told me a ticket would be mailed to me.
    What were you charged with? Speeding in a school zone.
    When? September 5
    Where? Federal Way
    When was the citation written? Septemeber 6th
    When was it filed with the court? I am not sure. I did a discovery request, but the information they sent me doesn't have a date filed.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Process Service Requirement for Traffic Court

    Is there an affidavit on record to show compliance with the rule:

    (3) The citing officer or the prosecuting authority filing
    the notice of infraction with the court, in which case the court
    shall have the notice served either personally or by mail,
    postage prepaid, on the person named in the notice of infraction
    at his or her address. If a notice of infraction served by mail
    is returned to the court as undeliverable, the court shall issue a summons.

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