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  1. #1
    Join Date
    Sep 2007
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    4

    Default Is There A Five Day Filing Deadline For Washington State Tickets

    I have recived an ticket for a left lane violation and when I recived the discovery I noticed the officer filled the ticket 2 weeks after writing me the ticket.. Thank you for any info.

  2. #2

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    There is a five day deadline and it is supposed to be mandatory. The judge should dismiss when you make the motion.

  3. #3
    Join Date
    Sep 2007
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    4

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    Thank you for your response. I went to court on a speeding ticket last year and the judge said ( If your going to act like an attorney I am going to treat you like one )Then she asked me for the rcw code for wich this rule applied. I didnt know it and she found the ciation commited. So I am trieng to be a little more preparied. Thank you and if anyone may know this please let me know.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    Check the Infraction Rules for Courts of Limited Jurisdiction
    Quote Quoting RULE IRLJ 2.2 - INITIATION OF INFRACTION CASES
    (a) Generally. An infraction case is initiated by the issuance, service, and filing of a notice of infraction in accordance with this rule. An infraction is issued on the date the infraction is signed by the citing officer or prosecuting authority.

    (b) Who May Issue. A notice of infraction may be issued, upon certification that the issuer has probable cause to believe, and does believe, that a person has committed an infraction contrary to law:
    (1) By a citing officer. The infraction need not have been committed in the officers presence, except as provided by statute;

    (2) By the prosecuting authority.
    (c) Service of Notice. A notice of infraction may be served either by:
    (1) The citing officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance;

    (2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic infraction if it alleges the violation of a parking, standing, or stopping statute; or

    (3) The citing officer or the prosecuting authority filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. If a notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons.
    (d) Filing of Notice. When a notice of infraction has been issued, the notice shall be filed with a court having jurisdiction over the infraction or with a violations bureau subject to such courts supervision. The notice must be filed within five days of issuance of the notice, excluding Saturdays, Sundays, and holidays. 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.

  5. #5
    Join Date
    Sep 2007
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    4

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    Thank you for your help.This should do the trick..

  6. #6
    Join Date
    Sep 2007
    Posts
    4

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    Again thank you for the help. I did beat this ticket under that irlj ruling....

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    Congratulations.

  8. #8
    Join Date
    Oct 2007
    Posts
    5

    Question Re: Is There A Five Day Filing Deadline For Washington State Tickets

    What is the easiest way to find out if the ticket has been properly filed within the five day limit, call the clerk? Is it bad to ask for this kind of information? If it is outside the five day deadline, what are the next steps, plead not guilty (contested hearing) and submit a written statement citing the rule listed above and move for dismissal of the charge? Thanks!

    Gilkissin

  9. #9
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Is There A Five Day Filing Deadline For Washington State Tickets

    Quote Quoting Gilkissin
    View Post
    What is the easiest way to find out if the ticket has been properly filed within the five day limit, call the clerk? Is it bad to ask for this kind of information? If it is outside the five day deadline, what are the next steps, plead not guilty (contested hearing) and submit a written statement citing the rule listed above and move for dismissal of the charge? Thanks!

    Gilkissin
    Gilkissin,

    Please start your own thread and ask your questions.

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