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  1. #1

    Default When do Traffic Court Filing Deadlines Start to Run

    My question involves a traffic ticket from the state of: Washington

    Hello, long time reader first time poster, i was hoping some of the experienced experts here could chime in with a clarification to rule IRLJ 2.2. i have read alot of info on the forum including the procedural guide to WA tickets (great post), but there is one thing i cannot find. i understand holidays and weekend-days (sat-sun) do not count towards the 5 day total, but what about the actual day of infraction or when the ticket was issued?

    Here's my example: lets say i got a ticket for 5mph over in a 25mph zone with not one other car on the road (board l.e.o i guess), and the printed ticket was issued to me right then and there with the options for hearing/court info etc. on 5/27/14 and i go to the court house computer and the e-ticket processed filing date was 6/3/14 i count 6 days excluding sat,sun, and holidays (i don't think there were any that week?) would that be ground for dismissal or does 5/27 not count? appreciate any insight.

  2. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: When do Filing Deadlines Start to Run

    To my understanding your example complies with IRLJ 2.2(d) which states “The notice must be filed within five days of issuance of the notice, excluding Saturdays, Sundays, and holidays.” That means 5/27 is day zero and 5/28 is day one, making 6/3 day five (excluding the weekend).

    If you would like further assistance, file for discovery and link redacted images of what you receive to this thread. Forum members might find other defenses for you.

  3. #3
    Join Date
    Jan 2006
    Posts
    188

    Default Re: When do Filing Deadlines Start to Run

    There is no reason to rely on someone's "understanding", when there are Court Rules governing the issue. IRLJ 6.1 states:

    Quote Quoting IRLJ 6.1 Time
    Time shall be computed or enlarged as provided in CRLJ 6, except that the time in which to respond to the notice of infraction under rule 2.4 and the time in which to file an appeal may not be enlarged.
    And, CRLJ 6 states:

    Quote Quoting CRLJ 6 Time
    (a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by an applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. Legal holidays are prescribed in RCW 1.16.050....
    Searcher99 is correct -- it was, indeed, filed "within five days of issuance". Sorry.

  4. #4
    Join Date
    Nov 2009
    Posts
    886

    Default Re: When do Filing Deadlines Start to Run

    Thanks jojo for providing that better information. I was just approaching it from a mathematical perspective but probably should have read more of the rules. Also to Confused Citizen I should not assume you actually have a ticket since your question was hypothetical—sorry about that and thanks for asking.

  5. #5

    Default Re: When do Filing Deadlines Start to Run

    Thank you searcher99 & jojo for the responses and clarification. i will proceed with a discovery request, i wrote example above because i was not 100% certain of the dates but i re-checked the records and the dates are correct. and i do have a citation to deal with for 5mph over from the example scenario.

    I dropped off my contested box check ticket in person at the court house and am now waiting for my court date, can i request discovery now from the prosecutors office or do i need to wait until i have a court date? also if i decide to retain an Attorneys help later on will my request for discovery affect the courts decision in anyway?

  6. #6
    Join Date
    Nov 2009
    Posts
    886

    Default Re: When do Filing Deadlines Start to Run

    Your hearing notice includes a case number to reference on the discovery request, so I would wait until that notice arrives. Your discovery request has no effect on the court’s decision if you later retain an attorney, but you would be required to give whatever materials you received to your attorney.

  7. #7

    Default Re: When do Filing Deadlines Start to Run

    Ok so i got my notice today but here is the weird thing i got two letters, opened them up and they both have the exact same dates info etc, but one is a green Mitigation hearing notice and one is yellow contested hearing notice. is this a clerical error? and should i be concerned about it? when i handed in my ticket i marked it on the spot and the clerk asked me "contested?" and i said yes she so ok your notice will be in the mail.

  8. #8
    Join Date
    Nov 2009
    Posts
    886

    Default Re: When do Filing Deadlines Start to Run

    I would check with a court clerk. If both notices are at the same time in the same room with the same judge you are probably ok, but otherwise you might need someone to remove you from the mitigation calendar.

  9. #9

    Default Re: When do Filing Deadlines Start to Run

    So i went to the Bellevue downtown prosecutors office with 3 copies of my discovery request using the guide off this forum, went up to the front desk with the papers asking how to file for discovery and the man behind the counter handed my a form to fill out and said this is how its done here now, it was a paper titled "Defendant request for discovery" asking questions like name, date, case number, court date, etc. i filled it out he asked for id then took a photo copy and gave me one copy with no date or stamp he did not take my printed forms. i asked what about filing with the court house he said he was not sure how to answer that. so my question is has anyone dealt with this? and what should i do? my court date is July 28th and it said on the form papers will be processed and mailed within two weeks.

  10. #10

    Default Re: When do Filing Deadlines Start to Run

    im still not sure what to do with the court filing, but i got my discovery papers. I have uploaded them please let me know if you see a defense. any help is greatly appreciated. http://i217.photobucket.com/albums/c...ps7742aeb5.jpg http://i217.photobucket.com/albums/c...psebc83cf1.jpg http://i217.photobucket.com/albums/c...psb4d2d710.jpg

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