Results 1 to 10 of 10
  1. #1
    Join Date
    Jun 2016
    Posts
    17

    Default Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

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

    Hello there,
    I got a parking ticket from a state park ranger for not possessing Discover Pass. I had requested for mitigation hearing but the Court has not sent me any hearing date yet. It has been more than 3 weeks since I sent the request for mitigation hearing. Aren't they supposed to send us the hearing date within 15 days of receiving our request? Can it be a ground for dismissal of my parking ticket?
    Please advise.
    Thanks!

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

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    Quote Quoting IRLJ 2.6(b) - Mitigation Hearings.
    (1) Upon receipt of a response submitted pursuant to rule 2.4(b)(3) the court shall schedule a hearing to determine whether there were mitigating circumstances surrounding the commission of 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, unless otherwise agreed by the defendant in writing.

    (2) The court shall send the defendant written notice of the time, place, and date of the hearing within 21 days of the request for a hearing. The notice shall also include statements advising the defendant of the defendant's rights at the hearing and stating 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.

    (3) The court may schedule the mitigation hearing for the same time as the mitigation hearing on another infraction alleged to have been committed by the defendant.
    If in fact the rule is violated, you can file a motion on that basis -- but the rule does not define a consequence for late notice, and the court is not compelled to dismiss the ticket on that basis.

  3. #3
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    First I would search the Washington Courts site to check if a hearing has not been scheduled. If they did, then could the address on your registration possibly not be current?

    Per IRLJ 2.6 (b)(2) “The court shall send the defendant written notice of the time, place, and date of the [mitigation] hearing within 21 days of the request for a hearing.” (Not 15 days as you mentioned.) Per CR 5 (b)(2)(A) your mailed hearing request (assuming you didn’t make it personally at the court) would have been officially received on the first day the court was open for business at least 3 days after you postmarked your mailed request. In other words you need to allow at least 3 additional days to the 21 days for delivery by mail. Also you can ask a court clerk to check the docket to see what date they received your request.

    Assuming you can prove the court did not send the notice in time and if it’s still within 10 days after the notice of hearing was mailed, you can serve an objection to the hearing date on the prosecutor and file a copy with the court per IRLJ 2.6 (b)(3)(d) using the form linked in this previous post by BrendanjKeegan.

    You might need to serve the objection in person in order for it to be served within 10 days due to the extra time explained in the above linked rule about service by mail. That means you take 3 copies to the prosecutor to be stamped—one for them, one to file with the court, and one for your records. If you serve the objection by mail you will need a return receipt or certificate of service.

    So if you are able to comply with all the above stipulations, theoretically you could possibly get your parking ticket dismissed.

  4. #4
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    Did you have the Discover Pass and forgot to display it? If so, bring it to the hearing and you may get the ticket dismissed. That happened to me and the judge in Issaquah dismissed the tickets for those who showed they had a pass but forgot to display it. That may be easier to argue than mitigation hearing delay, depending on whether this kind of dismissal is commonly offered in the court where you are going to. The fine is quite stiff for the Discover pass violations...

  5. #5
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    NO, I did not have the discover pass. I was just unaware that I needed discover pass to park. In fact, I had parked just outside the State Park(I had not gone past those booths). It was my bad day.

  6. #6
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    Generally it is clearly posted where the Discover Pass is required regardless of any booths. Was the spot where you parked marked as Discover Pass required and you missed it? Or was it not marked? I presume the former, but you post above is ambiguous.

  7. #7
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    I understand what you say but I do not have objection for the date of hearing..which in my case is 2nd december 2016. I want to dismiss my ticket on the ground of not receiving the date of hearing within the stipulated 21 days timeframe. FYI, i received the date of hearing on 10/1.....the notice has been dated 9/28. I sent them the request for mitigation hearing on 8/28. Assuming they received the request on 91, it is still more than 21 days they had to send me the hearing date. Do you think I can start my mitigation hearing with the request of dismissal on this reason alone?

    Quote Quoting searcher99
    View Post
    First I would search the Washington Courts site to check if a hearing has not been scheduled. If they did, then could the address on your registration possibly not be current?

    Per IRLJ 2.6 (b)(2) “The court shall send the defendant written notice of the time, place, and date of the [mitigation] hearing within 21 days of the request for a hearing.” (Not 15 days as you mentioned.) Per CR 5 (b)(2)(A) your mailed hearing request (assuming you didn’t make it personally at the court) would have been officially received on the first day the court was open for business at least 3 days after you postmarked your mailed request. In other words you need to allow at least 3 additional days to the 21 days for delivery by mail. Also you can ask a court clerk to check the docket to see what date they received your request.

    Assuming you can prove the court did not send the notice in time and if it’s still within 10 days after the notice of hearing was mailed, you can serve an objection to the hearing date on the prosecutor and file a copy with the court per IRLJ 2.6 (b)(3)(d) using the form linked in this previous post by BrendanjKeegan.

    You might need to serve the objection in person in order for it to be served within 10 days due to the extra time explained in the above linked rule about service by mail. That means you take 3 copies to the prosecutor to be stamped—one for them, one to file with the court, and one for your records. If you serve the objection by mail you will need a return receipt or certificate of service.

    So if you are able to comply with all the above stipulations, theoretically you could possibly get your parking ticket dismissed.
    I understand what you say but I do not have objection for the date of hearing..which in my case is 2nd december 2016. I want to dismiss my ticket on the ground of not receiving the date of hearing within the stipulated 21 days timeframe. FYI, i received the date of hearing on 10/1.....the notice has been dated 9/28. I sent them the request for mitigation hearing on 8/28. Assuming they received the request on 91, it is still more than 21 days they had to send me the hearing date. Do you think I can start my mitigation hearing with the request of dismissal on this reason alone?

    Quote Quoting Mr. Knowitall
    View Post
    If in fact the rule is violated, you can file a motion on that basis -- but the rule does not define a consequence for late notice, and the court is not compelled to dismiss the ticket on that basis.
    I understand what you say but I do not have objection for the date of hearing..which in my case is 2nd december 2016. I want to dismiss my ticket on the ground of not receiving the date of hearing within the stipulated 21 days timeframe. FYI, i received the date of hearing on 10/1.....the notice has been dated 9/28. I sent them the request for mitigation hearing on 8/28. Assuming they received the request on 91, it is still more than 21 days they had to send me the hearing date. Do you think I can start my mitigation hearing with the request of dismissal on this reason alone?

  8. #8
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    Ok, so they sent the notice at least 27 days after receiving your request, which is 6 days outside of the 21 day period IRLJ 2.6 (b)(2) states that the court shall comply with, meaning you can try moving for dismissal.

    I realize that your motion will object to the late notice—not the hearing date. However I’m pretty sure you still will be required to file your motion in writing and you do so by modifying the template I linked above and follow rule IRLJ 2.6 (b)(3)(d) exactly. That means you must serve/file your motion before close of business this Friday 10/7 or you will be waiving the objection. If you serve by mail then be sure to postmark it on or before Tuesday 10/4 at the post office and purchase a return receipt for written acknowledgement of service.

    The language of IRLJ 2.6 can be a bit confusing but I’m pretty sure that the phrase “not within the time limits prescribed by this rule” applies also to when the hearing notice is sent. So you would modify “Objection to Hearing Date” to “Objection to Notice of Hearing Date” and then substitute in paragraph 1: “I have a right to written notice of the time, place, and date of the hearing within 21 days of the request for a hearing.” Also as Brendan suggested “Change ‘Motion to Continue – 1’ in the footer to ‘Motion for a Speedy Trial - 1.’”

    Please keep in mind this is free help and I’ve never actually done the above. If Brendan sees this thread, perhaps he can clarify if any of my details are off, but in any case you are probably safer to do a written motion.

  9. #9
    Join Date
    Jun 2016
    Posts
    17

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    Quote Quoting searcher99
    View Post
    Ok, so they sent the notice at least 27 days after receiving your request, which is 6 days outside of the 21 day period IRLJ 2.6 (b)(2) states that the court shall comply with, meaning you can try moving for dismissal.

    I realize that your motion will object to the late notice—not the hearing date. However I’m pretty sure you still will be required to file your motion in writing and you do so by modifying the template I linked above and follow rule IRLJ 2.6 (b)(3)(d) exactly. That means you must serve/file your motion before close of business this Friday 10/7 or you will be waiving the objection. If you serve by mail then be sure to postmark it on or before Tuesday 10/4 at the post office and purchase a return receipt for written acknowledgement of service.

    The language of IRLJ 2.6 can be a bit confusing but I’m pretty sure that the phrase “not within the time limits prescribed by this rule” applies also to when the hearing notice is sent. So you would modify “Objection to Hearing Date” to “Objection to Notice of Hearing Date” and then substitute in paragraph 1: “I have a right to written notice of the time, place, and date of the hearing within 21 days of the request for a hearing.” Also as Brendan suggested “Change ‘Motion to Continue – 1’ in the footer to ‘Motion for a Speedy Trial - 1.’”

    Please keep in mind this is free help and I’ve never actually done the above. If Brendan sees this thread, perhaps he can clarify if any of my details are off, but in any case you are probably safer to do a written motion.
    Thanks Searcher99.
    But the rule to be quoted should be IRLJ 2.6 (d) instead of IRLJ 2.6 (b)(3)(d). Don't you think?
    Also I am also thinking of quoting 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.


    Also, I believe the plaintiff will be 'County of Thurston' instead of 'State of Washington' since 'County' is checked in the ticket.
    Please suggest.

  10. #10
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Can You Get a Parking Ticket Dismissed Over a Late Mitigation Hearing Date

    Yes you are correct. It should be IRLJ 2.6 (d) as the template indicates. I made a mistake identifying the rule sections. Quoting (f) should be ok also.

    However I believe the plaintiff should be the state and county. It’s a county court but a state park violation.

    1. Sponsored Links
       

Similar Threads

  1. Parking Tickets: Can You Get a Parking Ticket Dismissed Based on an Incorrect Date
    By thatotherguy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-29-2016, 10:53 PM
  2. Parking Tickets: Mitigation vs Contested Hearing for a Parking Ticket
    By evident in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-28-2014, 02:19 AM
  3. Speeding Tickets: Late Notice of Hearing for Mitigation Hearing for a Speeding Ticket
    By NotShoreline in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-12-2011, 10:46 AM
  4. Speeding Tickets: Mitigation Hearing - Can a Ticket Still Be Dismissed
    By bigbadbrew in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-14-2009, 08:47 AM
  5. Parking Ticket Hearings: Mitigation Hearing for Parking Ticket
    By csam in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-25-2008, 03:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources