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  1. #1
    Join Date
    May 2009
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    1

    Default What is the Statute of Limitations on a Deferred Sentence

    My question involves traffic court in the State of: WA

    I got a traffic violation in 06 I took a deferred sentence 3/24/06 in 5/06 I received another ticket. I fought this second ticket and lost of course. the case ended in December. I was told in court when I took a deferred sentence they would review my driving record at the end of the year and if I was found to have another ticket I would receive a letter to pay. Well all this time has past and nothing until now. I received a letter stating I needed to pay by may 22nd. It has been three years I thought the statue of limitations was two and I have received no violations since.

    I just dont think it's right that three years later im receiving a letter??!?!?!

    So my question is, What is the statue of limitations in Washington state? Can the courts really wait this long to make me pay?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: What is the Statute of Limitations on a Deferred Sentence

    Quote Quoting amyleaw
    View Post
    So my question is, What is the statue of limitations in Washington state?
    Statues of limitations apply to the period of time between you committing the offense and the time charges are filed in court. And in traffic tickets that can happen within a matter of days to a few weeks depending upon the state.

    Quote Quoting amyleaw
    View Post
    Can the courts really wait this long to make me pay?
    You better believe they can! In fact, if you fail to pay within the period of time stated on the letter, a warrant maybe issued for your arrest and/or your driver's license can be suspended or both.

    They might slack on requesting payment however, when they ask for the money, they really do mean the want your money!

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

    Default Re: What is the Statute of Limitations on a Deferred Sentence

    You are getting into "legal" territory that really goes beyond the help you can expect to receive on this (or any other) "free" forum. That's because, in order to prevent the court's trying to collect the fine, I think you will have to file a motion with the Superior Court to prohibit the actions of the lower court.

    There may, indeed, be legal grounds for such an action. IRLJ 3.3 (e) states:
    Quote Quoting IRLJ 3.3
    (e) Disposition. If the court determines that the infraction has been committed, it may assess a monetary penalty against the defendant. The monetary penalty assessed may not exceed the monetary penalty provided for the infraction by law. The court may waive or suspend a portion of the monetary penalty, or provide for time payments, or in lieu of monetary payment provide for the performance of community restitution as provided by law. The court has continuing jurisdiction and authority to supervise disposition for not more than 1 year.
    The way I read this is that the penalty imposed by the court is part of the "disposition". IRLJ 3.3 (e) grants the court jurisdiction and authority over that disposition for NOT MORE than 1 year. You might be able to argue that, even allowing time for paperwork, THREE years is WAY beyond the "continuing jurisdiction" granted by the Supreme Court. The court COULD HAVE and, therefore, SHOULD HAVE exercised that jurisdiction in a timely manner.

    However, you will probably have to hire an attorney to file and argue the motion, and that will probably cost WAY more than the ticket. Another problem I see is that even if the Superior Court prevents the lower court from collecting the fine, the offense will -- probably -- NOT be dismissed. It will most likely still be on your record and will still affect your insurance rates. So, it may actually end up costing MORE than simply paying the fine.

    Of course, I've been known to be wrong. If you know an attorney who won't charge you an arm and a leg to look over your case, it might be worth the conversation.

    Good luck,
    Barry

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