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  1. #1

    Lightbulb Can You Get a Ticket Dismissed if it Doesn't List the Court's Address, ILRJ 2.1(B)(1)

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

    Main question to make sure I am clear on this, if the NOI I received did not have "The name, address, and phone number of the court where the notice of infraction is to be filed" per IRLJ 2.1(b)(1) this should be a slam dunk dismissal? I have a photo I took of the NOI but sent in the original and it was not included in the Discovery materials I received but I believe it is missing from the header of the Officer's sworn statement? When I called the number that was on the ticket the clerk seemed a bit surprised and said "it was fine" and "to just mail it back to whichever court I wished."

    As I just got my Discovery packet in the mail today I am not seeing a lot else I can do with it. Here is what I received (all personal information has been removed):

    http://www.filehosting.org/file/deta.../Discovery.pdf

    If someone with more experience can confirm if I am understanding IRLJ 2.1(b)(1) correctly.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: No Court Info Listed on Noi - Violation of Irlj 2.1(B)(1)

    Was the NOI you received from the issuing police officer a computer printed NOI or a hand written one?

  3. #3

    Default Re: No Court Info Listed on Noi - Violation of Irlj 2.1(B)(1)

    It was computer printed. Motorcycle cop.

    Would something like the following sound right?

    "Your Honor: I move to dismiss as the Notice of Infraction I was given has prejudiced my substantial rights per the requirements of IRLJ 2.1(b) "the notice of infraction shall contain the following information on the copy given to the defendant" section "(1) The name, address, and phone number of the court where the notice of infraction is to be filed" which the officer failed to include on the Notice of Infraction given to me by the officer."

    If you don't want to open the PDF this is what I am basing my argument on:


    Does anyone have any advise, will this be sufficient or will I have to worry that the judge may not see this as having "prejudiced my substantial rights" since I was able to still submit this to a District court? Should I be asking to suppress the NOI as I would with the sworn statement? I am not sure how I should be phrasing this.

  4. #4

    Default Re: No Court Info Listed on Noi - Violation of Irlj 2.1(B)(1)

    Just in case anyone comes back to this thread later, it didn't work. The prosecutor told me it was a good try but the judge basically said unless my license was suspended because that's how much it prejudiced my rights he wouldn't dismissed based on this motion though he strongly agreed the address and name should have been there errors are not enough to dismiss unless it's unrecoverable. Since my pre-trial motions didn't work the prosecutor was kind enough to still offer a deferral so I ended up taking it as I wasn't confident that pulling pages out of the Kustom ProLaser III and mentioning it was one of the smokiest days of the year was going to work.

  5. #5
    Join Date
    Nov 2009
    Posts
    886

    Default Re: No Court Info Listed on Noi - Violation of Irlj 2.1(B)(1)

    Thanks for the information.

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