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  1. #1
    Join Date
    Jul 2009
    Posts
    7

    Default Mitigation Hearing - Can a Ticket Still Be Dismissed

    I'm wondering - I requested a Mitigation Hearing.

    Can I still ask that the ticket be dismissed on the grounds it's missing information or has incorrect information that has violated my rights?

    Would I ask for it dismissed at the very beginning of the court case?

    If the judge doesn't dismiss it - can I then plead my pity case and hope he reduces it?


    I wanted to fight it - but I need the option of having the judge reduce it because if I lose I can't afford to pay the whole thing.

    So need to know if it can still be dismissed for gross errors if I do the mitigation hearing.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Mitigstion Hearing - Can a Ticket Still Be Dismissed

    The problem is that when you request a mitigation hearing, you are pleading "GUILTY". IRLJ 3.4 governs mitigation hearings. The pertainent parts are:

    Quote Quoting IRLJ 3.4
    (b) Procedure at Hearing. The court shall hold an informal hearing which shall not be governed by the Rules of Evidence....

    (c) Disposition. The court shall determine whether the defendants explanation of the events justifies reduction of the monetary penalty. The court shall enter an order finding the defendant committed the infraction and may assess a monetary penalty.

    In most cases, there will not even BE a prosecutor present. If you make a motion for dismissal, therefore, there won't be ANYONE to argue against it (so the court will most likely refuse to hear it), plus the rule states that the court SHALL enter an order finding you guilty.

    IMHO, the only way around this is to change your plea to "contested". You can call the Clerk of the Court and ask how to do this. Based on what I've heard, some jurisdictions will allow you to do this over the phone, some require a formal motion.

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