My question involves a traffic ticket from the state of: Washington
My focus is on (4) the last part of the Rule. How would I show prejudice in this case? How is there prejudice if I have not received a notice of hearing in that timeframe?
Additional information, I received a speeding ticket in Thurston County, Washington on Nov. 29th. I sent my ticket on Dec. 12th checking the box requesting a contested hearing. I still have not received anything from the court.
Rule 2.6: Scheduling of Hearings in Washington State Court Rules : Infraction Rules for Courts of Limited Jurisdiction
"(a) Contested Hearings.
(1) Except as provided in sections (1)(i) and (ii), upon receipt of a response submitted pursuant to rule 2.4(b)(2),
the court shall schedule a hearing to determine whether the defendant committed the infraction. The hearing shall be
scheduled for not less than 14 days from the date the written notice of hearing is sent by the court, nor more than 120
days from the date of the notice of infraction or the date a default judgment is set aside.
(i) If authorized by local court rule, a defendant who requests a contested hearing may first be scheduled for a
prehearing conference, which shall be scheduled for not less than 14 days from the date the written notice of the
hearing is sent by the court nor more than 45 days from the date of the notice of infraction or the date a default
judgment is set aside, unless otherwise agreed by the defendant in writing.
(ii) The prehearing conference may be waived by the defendant in writing if the waiver is received by the court
before the time set for the prehearing conference. If the prehearing conference is waived, the case will be set for
contested hearing. The contested hearing shall be scheduled for not more than 90 days from the date of the prehearing
conference or, if the prehearing conference is waived, from the date the waiver of the prehearing conference is
received by the court.
(2) The court shall send the defendant written notice of the time, place, and date of the hearing within 21 days
of the receipt of the request for a hearing. The notice of the hearing shall also include statements advising the
defendant of the defendant's rights at the hearing, how the defendant may request that witnesses be subpoenaed, and that
failure to appear may be a crime for which the defendant may be arrested, and, in a traffic infraction case, the defendant's
privilege to operate a motor vehicle may be suspended. If a local rule is adopted implementing sections (a)(1)(i) and (ii),
the court shall advise the defendant in the notice of the defendant's right to waive the prehearing conference.
(3) The court may schedule the hearing on a contested infraction for the same time as the hearing on another
infraction alleged to have been committed by the defendant. The court may schedule the hearing on a contested
infraction for the same time as the trial on a misdemeanor arising out of the same occurrence as the infraction.
(4) The infraction may be dismissed upon a showing of prejudice if the court does not send a defendant written
notice of a hearing within 21 days of receipt of the request for a hearing."

