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.
Where am I going? And why am I in this handbasket?