First, thank you for this forum. I'm sure it takes a significant amount of time to respond to all these posts, and I appreciate it.
My question relates to due process: In Washington, state law allows local jurisdictions to schedule a "pre-trial conference" for contested traffic citations, but that it must be scheduled no more than 45 days after the Notice of Infraction is issued. My conference has been scheduled for 50 days out. Is that grounds for a dismissal?
Here's a little more information. The same rule (Infraction Rules for courts of Limited Jurisdiction (IRLJ) 2.6) states that the Hearing, itself, must be scheduled for not more than 90 days from the date of the pre-trial conference, but if it is, the defendent must notify the prosecutor within 10 days of receiving the Hearing Notice, or waive the right to a speedy trial.
Note that there is no requirement to notify the prosecutor concerning the date of the pre-trial conference. I know it's just a technicality, but doesn't the prosecution have to abide by the rules? :?:
Thanks, in advance,