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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Thumbs down Deferral Violation Notice

    My question involves a speeding ticket from the State of: Washington
    the traffic violation deferral date was September 2005. apparently i violated it nine months later... yet the case # on the notice is not correct and does not match the number on my traffic violation history print out. i just received the violation notice September 11 2009. this is the date it was postmarked. the document is dated august 21 2009. so this gives me 7 days to pay the fine. fine is due by the 21 of September. is this legal? also my main ?, is there a time limit the court has to notify you of the deferral violation? this is 3 years later

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

    Default Re: Deferral Violation Notice

    About the only defense I can think of is IRLJ 3.3 (e), which states (in part):

    Quote Quoting IRLJ 3.3 (e)
    The court has continuing jurisdiction and authority to supervise disposition for not more than 1 year.

    Your argument is that since the court alleges that you violated your deferral nine months into the deferral period, the court had THREE months in which to notify you of the violation. After one year, however, the court no longer has jurisdiction nor authority to "supervise disposition". I don't know whether this will work, but, it might be interesting to hear exactly WHY the court believes it still has jurisdiction of the matter.

    The problem is that you must get this issue before the court. Since you are not entitled to a hearing on the matter, you may have to file a Motion for Relief from Judgment, and you will probably need an attorney to do that. If I were you, I'd be sure the motion was filed BEFORE the 21st, but understand such a motion does NOT suspend or delay the judgment. I.e., you must still pay the fine on time -- or your license will be suspended.

    Good luck,
    Barry

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