Page 3 of 9 FirstFirst 1 2 3 4 5 ... LastLast
Results 21 to 30 of 88
  1. #21
    Join Date
    Jan 2011
    Posts
    1

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    Wow, you did a very good job at explaining the process to me. I contested my ticket, and went in very unprepared. I showed the judge some pictures of why I don't feel the officer could have a good visual of the intersection to fully asses me stopping at the stop sign but the judge was very short and didn't give me much time to talk at all. He set my court over so the officer could be subpoena'ed.

    i have a question though to you. The officers sworn in statement had some facts that weren't true.

    -The officer stated he was north of the intersection, when in fact he was south of the intersection. Is this grounds for dismissal?
    -The officer also wrote that I stated I am sure that I stopped, but that I may not have come to a complete stop.
    This is not at all true and far from it..
    I stated after he said I blew through the stop sign, "I most certainly did not, I may have stopped quickly but I defenitely did stop"
    I told the judge this and he just had a smirk on his face. He brought up the statement that said the officer observed you approaching the intersection and saw you slow down but not stop.

    I brought in photos from where the officer was (in a one alley/parking lot) which he was in going the wrong way (which I think is bogus, private property or not, he should have to follow the one way painted arrow on the ground just like it's intended. There were two buildings on both side, and a sidewalk in front. The photos showed his limited view of where I was. It was dark no street lights. He would've probably had a view of my headlights but i am not sure if that is enough evidence.

  2. #22
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    If you have questions about a specific case, as opposed to the described procedures in general, you should start your own thread.

  3. #23
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    That was very helpful.

    I still have one confusion.

    Everything I read states (as does this guide) that there is NO possibility of getting a dismissal at a mitigation hearing. However, IRLJ 2.6 b specifically addresses mitigation hearings.

    IRLJ 2.6 b(2):
    "The court shall send the defendant written notice of the
    time, place, and date of the hearing within 21 days of the
    request for a hearing"

    So, what if the court does not adhere to this procedural requirement? Is this not grounds for dismissal with prejudice, as it would be at a contested hearing? If not, what is the point of there even being the rule?

    or, what if the LEO who issued the infraction fails to file notice with the court of jurisdiction within the required time period?

    I have requested a mitigation hearing, and was planning to use these procedural missteps as grounds to move for dismissal.

    Should I even bother? It seems legitimate to me.

    Oh, second question:

    If I were to make a motion to dismiss on these grounds, can I do it as a cover sheet to my written statement (DWS), or would I send this as a seperate letter?

    thanks in advance,

    steve

  4. #24
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    As far as IRLJ 2.6 (b)(2), you will notice that there is no "remedy" listed. For example, 2.6 (f) REQUIRES a dismissal if the "infraction [is] not brought to hearing within the time period provided by this rule..." That, however, only refers to the schedule of the hearing itself -- NOT the hearing notice. I actually tried something similar when the court did not schedule my "pre-hearing conference" within the 45 days allowed by IRLJ 2.6.(a)(1)(i). The judge agreed that my conference was outside that window, however, since a "pre-hearing conference" is NOT an actual "hearing", and since there is NO remedy specified (such as with the hearing), he would NOT dismiss the case. I asked what the remedy might be. He said he didn't know, but it was NOT "dismissal". I believe the same principle would apply to 2.6 (b)(2).

    The "proper" procedure would be for you to change your plea to "not guilty" and request a contested hearing. You can probably do that over the phone. Then state your motions in you DWS -- right in the beginning. If the NOI was not filed within the five "working" day limit of IRLJ 2.2 (d), it "should" be dismissed. Just remember, however, that there is NO APPEAL from a DWS, so if the judge denies your motion, you're stuck with it.

    Barry

  5. #25
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    Quote Quoting blewis
    View Post
    If the NOI was not filed within the five "working" day limit of IRLJ 2.2 (d), it "should" be dismissed. Just remember, however, that there is NO APPEAL from a DWS, so if the judge denies your motion, you're stuck with it.

    Barry
    Thanks.

    As far as the NOI being filed in time, the only information that I can get over the phone from the county prosecutor is the date that the case was entered into the docket, which I imagine does not correlate to the actual date of the NOI. So, I should probably just go with an explanation of mitigating circumstances. If I were to change my plea to guilty, I would be doing so only on the hope that I wouldn't get notice of my hearing in time.

    steve

  6. #26
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    Your original questions were of "general" interest, which is why I answered them in this thread. Now, however, you are getting into "specifics". Please start a new thread.

    Barry

  7. #27
    Join Date
    Nov 2011
    Location
    Seattle, WA
    Posts
    25

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    Thank you blewis for this very informative procedure. This is my first time contesting an infraction, and I've found this procedure invaluable. I submitted my request for discovery, three copies date stamped by the prosector's office, left them a copy; two copies date stamped by the clerk of the court, left one with them and kept one for myself. I did get the hearing notice within the prescribed time frame, so I can only hope that the infraction wasn't submitted within the 5 day (not including weekends & holidays) limit. I'm not optimistic though, as the state patrolman was young and is probably doing everything by the book. Infraction was "unsafe lane change", citing RCW 46.61.140. The statute is fairly broad, as there are others more specific to lane changes but I assume it is still appropriate. I can only tell my side of the story and hope for lenience. Is there some protocol for requesting a reduced charge that lowers it from a moving infraction, based on a clean driving record?

    Anyway, I appreciate your time and effort to guide others thru the process.

  8. #28
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    Did you miss Aaron's post above?

    Quote Quoting aaron
    View Post
    If you have questions about a specific case, as opposed to the described procedures in general, you should start your own thread.

  9. #29
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    "The first thing to check, when you receive your discovery materials, is the “filing” date. You materials SHOULD include a copy of the original ticket with a “filing” stamp. The date on this stamp MUST be within 5 days (not including weekends or holidays) of the date of the infraction. If it is not, you can move for dismissal pursuant to http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=IRLJ&ruleid= cljirlj2.2]IRLJ 2.2 (d)[/url].
    '


    I see you've said it SHOULD be included, but is a "filing" stamp REQUIRED? If there is no filing stamp, is this means for dismissal?

  10. #30
    Join Date
    Jan 2012
    Posts
    4

    Default Re: Procedural Guide to Traffic Tickets in Washington State

    Are deferrals tracked by county or for the whole state? I.e. if one requests a deferral in Shohomish county, is one then ineligible for another deferral for seven years statewide, or could one conceivably receive a deferral in King Country two years later?

    1. Sponsored Links
       

Page 3 of 9 FirstFirst 1 2 3 4 5 ... LastLast

Similar Threads

  1. Ticket Errors: How do Statute Citations Work on Washington Traffic Tickets
    By djbnvr2l8@hotmail.com in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-25-2011, 12:25 PM
  2. Speeding Tickets: Speeding Camera Tickets in Washington State
    By jkindle in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 04-21-2010, 12:08 AM
  3. Speeding Tickets: Two Washington State Speeding Tickets
    By callioca in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-21-2008, 08:25 AM
  4. Speeding Tickets: 5-day Filing Limit for Washington State Tickets
    By Gilkissin in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-11-2007, 04:21 PM
  5. Speeding Tickets: Is There A Five Day Filing Deadline For Washington State Tickets
    By jonster in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 10-11-2007, 01:26 AM
 
 
Sponsored Links

Legal Help, Information and Resources