Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2012
    Posts
    5

    Default Motion for a Speedy Trial for a Speeding Ticket, and Motion to Dismiss

    My question involves traffic court in the State of: Washington

    I was ticketed in Bellevue on 12/31/14 for doing 43 in a 30. I sent a request for a contested hearing on 1/2/15.

    Worried that I hadn't heard anything since then, today (1/14/15) I called the courthouse to get some sort of update only to find that I was scheduled for court on 1/26/15. Apparently, according to the courthouse clerk, the notice had likely not been sent out until today.

    If this is case, do I have a shot at a dismissal?

    I read through the stickied procedural guide and according to IRLJ 2.6 (a)(1)

    "The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court"

    and that according to IRLJ 2.6 (f)

    "An infraction not brought to hearing within the time period provided by this rule shall, upon motion, be dismissed with prejudice."

    I have yet to receive the notice and my court date is 12 days away on 1/26/15.

    If I am to understand correctly, as soon as I receive the notice, I should file a motion for a speedy trial with the Bellevue Courthouse within 10 days. Will I then be guaranteed a successful dismissal based on the court's failure to provide a speedy trial?

    Thanks all.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Speeding Ticket in Bellevue Wa: Motion for a Speedy Trial and Motion to Dismiss

    So when the notice comes, see what the date on it is.

  3. #3
    Join Date
    Apr 2012
    Posts
    5

    Default Re: Speeding Ticket in Bellevue Wa: Motion for a Speedy Trial and Motion to Dismiss

    I'll update as soon as i get the notice.

    I just want confirmation that a late notice and a motion for a speedy trial will guarantee a dismissal .

  4. #4
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Speeding Ticket in Bellevue Wa: Motion for a Speedy Trial and Motion to Dismiss

    Yes.

    Try this: https://www.scribd.com/doc/252768315...y-Trial-Motion

    Change "Motion to Continue - 1" in the footer to "Motion for a Speedy Trial - 1."

    File with the court on 1/23 at about 4:00pm.

  5. #5
    Join Date
    Apr 2012
    Posts
    5

    Default Re: Speeding Ticket in Bellevue Wa: Motion for a Speedy Trial and Motion to Dismiss

    Thanks Brendan. That looks really helpful.


    I just got the notice today, 1/20/15. The court date is set for 1/26/15.

    The date listed on the notice is 1/12/15, conveniently 14 days before the court date.

    I find it hard to believe that it took 8 days to send a letter from Bellevue to Seattle. There is no post date on the letter.

    Do I have any recourse in this situation?

    1. Sponsored Links
       

Similar Threads

  1. Motions: How to File a Motion to Dismiss Based on the Speedy Trial Law
    By jinjee in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-24-2014, 12:33 PM
  2. Appeals: Appeal Speeding Ticket, Motion to Dismiss Smd Denied
    By noway88 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-08-2014, 04:47 PM
  3. Motions: Motion to Dismiss Due to Lack of Speedy Trial
    By yugi in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 10-07-2012, 12:10 AM
  4. Motions: Red Light Ticket Motion for Dismissal - Speedy Trial
    By Stewbags in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 01-12-2010, 10:21 PM
  5. Pretrial Motions: Right to A Speedy Trial, Motion to Dismiss
    By advicenow in forum Criminal Procedure
    Replies: 1
    Last Post: 09-13-2008, 07:19 AM
 
 
Sponsored Links

Legal Help, Information and Resources