Results 1 to 7 of 7

Hybrid View

  1. #1

    Default Filing Date vs Ticket Date

    My question involves traffic court in the State of: WA

    I received a speeding ticket heading into Seattle on Dec 13. I sent in my ticket indicating I wished to contest. Today I checked, and there is finally a filed record in the Court System, it indicates the filing date of the infraction was Dec 24. So I pulled up the District Court Online Records, paid my 2.50 to see what was filed (yes, I know, I could have waited for discovery, but I'm not feeling overly patient).

    Skimmed the ticket, stamped on the body of it, I see that the Court says the ticket was filed on the 24th. Otherwise the officer dated his report 12/14.



    Based on that stamp, vs the date of infraction, am I correct in assuming that this is an easy-out based on the 5-business-days-to-file requirement? There was nothing attached to the filing indicating any reason for the delay. Assuming nothing comes up in the discovery, and the 5-day requirement applies here, what is the proper method for requesting that the judge dismiss this?

    Thanks!

  2. #2
    Join Date
    Aug 2012
    Posts
    115

    Default Re: Filing Date vs Ticket Date

    You appear in court at your arraignment, and say something along the lines of "Your Honor, I motion for the dismissal with prejudice persuant to IRLJ 2.2(d). The citation was issued on 12/13/12, and was filed with the court on 12/24/12, which exceeds the 5 business day limit."

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

    Default Re: Filing Date vs Ticket Date

    Since there is no arraignment in WA, you'll have to appear at your hearing. Other than that, supralover is correct. You might also want to print out a copy of IRLJ 2.2 and take it with you. You'd be surprised at how many pro tems don't know the rules.

    Barry

  4. #4

    Default Re: Filing Date vs Ticket Date

    Excellent, thank you both. Is there a specific time at which I make the motion? Do I ask as soon as I am called up? Is it important that I ask for the dismissal to be with prejudice, or is prejudice automatically applied because of IRLJ 2.2? I've only sat in on traffic court once and no one made any motions, just lots of excuses and denials...

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

    Default Re: Filing Date vs Ticket Date

    As soon as the judge calls your case, preferably before he/she swears you in, state you have a pre-trial motion. When the judge tells you to proceed, read the motion that supralover23 posted verbatim. Do not deviate. This is a open and shut slam dunk of a case.

    Prejudice is established by the rule, but it never hurts to get it on the record that it is with prejudice.

    Quote Quoting IRLJ2.2
    (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

    Default Re: Filing Date vs Ticket Date

    Thought I'd wrap this up. Had my court date today, no problems, said I had a preliminary motion immediately after saying 'good morning', made my motion and case dismissed under IRLJ 2.2d

    Thanks guys!

    1. Sponsored Links
       

Similar Threads

  1. Property Division: 401k Division As of Date of Filing for Divorce vs. As of Date of Marriage
    By Mardee in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 08-17-2011, 09:26 AM
  2. Ticket Errors: Court Date on Ticket is Prior to the Date of the Ticket
    By rosco100 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-31-2010, 12:36 PM
  3. Collection Lawsuits: Filing Date, Court Date, and Statute of Limitations
    By G.Zod in forum Debts and Collections
    Replies: 10
    Last Post: 04-18-2009, 06:59 PM
  4. Speeding Tickets: How Can I Look Up Filing Date for Ticket in Washington
    By acerocolla00 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-20-2008, 12:12 PM
  5. Marriage: New Fees and Filing Date
    By spaints99 in forum Visas for Business, Tourism and Family
    Replies: 4
    Last Post: 06-08-2007, 01:36 PM
 
 
Sponsored Links

Legal Help, Information and Resources