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  1. #1
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Discovery demand was not recieved 14 days prior in Washington

    You are eligible for one deferral every seven years -- it's not about how many tickets you've had, just how many deferrals you've had (see RCW 46.63.070(5)). You can also search these forums -- there's a lot of information posted about "deferrals" or "deferred findings".

    Call the Clerk of the Court. Ask if they can arrange the deferral, or if you have to come in for the hearing -- different jurisdictions have different customs. You can also ask the Clerk for the filing date of the ticket. They are very helpful people, as a general rule. If the filing date is not within 5 "court" days of the ticket (see IRLJ 2.2(d)), move for dismissal as soon as your case is called.

    If you need to go to the hearing, ask for a deferral as soon as possible -- I've seen judges say something like, "Anyone who wants a deferral line up over here". But, sometimes you'll have to wait till your case is called. In any case, it's a good idea to request it BEFORE the prosecutor begins to present his/her case against you.

    Good luck,
    Barry

  2. #2

    Exclamation Re: Discovery demand was not recieved 14 days prior in Washington

    Hi Barry,

    Ok, I spoke with Clerk of the Court and found out some very (potentially) good things!

    1st of all, for anyone who's interested, I found out that in Snohomish County (CD), the deferral proceedings are decided in court by the Judge, on a case by case basis. I have never had a deferral, if only I knew about them in my younger years!

    2nd, I obtained the filing date for the ticket. The ticket was filed 15 days after the date the ticket was issued! So, I will motion for dismissal as soon as my case is called. Now, the remaining text of IRLJ 2.2(d) states:
    Quote Quoting IRLJ 2.2(d)
    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.
    Does that mean they can just name off any "good" reason and if the Judge so chooses, he can overrule my motion to dismiss? Obviously yes, but I was hoping for some of your insight on this matter or if you've had any experience on what could constitute a "good reason".

    Also, when the Prosecutor sent me the discovery packet, one of the items stated this:
    Quote Quoting Prosecutors response to my Discovery Request
    The State requests a copy of all motions, with corresponding legal authority the defense intends to argue, no less than 5 days before the scheduled hearing date pursuant to CRLJ 5(a) and 6(d).
    When I recieved this packet, there were already less than 6 days until the hearing. I could not have possibly complied with this request via mail.
    Some questions I have are:
    • Does that mean I can't make the motion because I did not give them a copy? (The reference mentions "ex parte" but I don't know what that means.)
    • Can I bring a copy with me for the State? Is there a proper format?
    • What does "corresponding legal authority mean"?


    Thanks again for all your help!

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

    Default Re: Discovery demand was not recieved 14 days prior in Washington

    Quote Quoting GoodDriver_WA
    View Post
    Does that mean I can't make the motion because I did not give them a copy? (The reference mentions "ex parte" but I don't know what that means.)
    Nope, but if you were an attorney, you would be expected to file "pre-trial" motions with the court and serve a copy on the prosecutor. Ex parte mean, basically, that you go before a judge without the other side being present to argue their side of the case. It's not applicable to your situation.
    Can I bring a copy with me for the State? Is there a proper format?
    I wouldn't worry about it. Just make your motion when they call your case.
    What does "corresponding legal authority mean"?
    Your "legal authority" is IRLJ 2.2. Your motion should be something like, "Your Honor, I move to dismiss this case, because the citation was not filed within the five day time period required by IRLJ 2.2". If the filing date is not clearly marked on the citation, you will have to obtain evidence of the filing date from the Clerk. Take that with you, and you should be good to go.

    "Good cause shown" means there must have been a compelling reason why the ticket was not filed in time. "The officer was busy" or "on vacation" are NOT good excuses.

    Sounds like a slam-dunk to me, unless the prosecutor can come up with a really good reason for the delay in filing. Plus, you'll get to reserve your deferral for another time.

    Let me know how it turns out.
    Good luck,
    Barry

  4. #4

    Thumbs up Re: Discovery demand was not recieved 14 days prior in Washington

    I definitely will. Thank you so much.

  5. #5

    Default Re: Discovery demand was not recieved 14 days prior in Washington

    Well, I had my court date today, and the judge was telling everyone, even me, that he would send his decision by mail in "about a week".

    My case was called, I moved for dismissal, citing the IRLJ 2.2 5 day filing requirement. He verified the filing date and said,
    Quote Quoting The Judge
    "Ok, I'll take your motion under advisement."
    Advisement? Isn't the law clear? Doesn't he HAVE to comply? I was a bit surprised that he didn't dismiss it right then and there.

    Quote Quoting The Judge
    "Is there anything else you would like to say about your case?"
    "No, Your Honor." I choked... I should have said something else in my defense, but I was just got off guard that he was seemingly ignoring the law.

    Anyways, I'll update the story once I get his decision in the mail.

  6. #6

    Default Re: Discovery demand was not recieved 14 days prior in Washington

    Was it a magistrate? judge? (just curious - my wife got a ticket in Seattle & the court date is coming up in March)

    I don't know how he can take something like that under advisement. I thought he had to dismiss it in the absence of good cause for waiting 15 days to file.

  7. #7

    Default Re: Discovery demand was not recieved 14 days prior in Washington

    Quote Quoting calebb
    View Post
    Was it a magistrate? judge?
    He was a Judge.

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