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  1. #1
    Join Date
    Feb 2010
    Location
    WA
    Posts
    6

    Default Courts Didn't Receive My Ticket

    My question involves a speeding ticket from the State of: Washington

    Ok I have a problem. It is completely my fault but looking for some help/experience.

    I will get the question out of the way then explain.

    What right do i have if courts didnt receive my response to ticket in the mail?


    I was driving in Washington when I was pulled over. Initially the office asked if I knew why he pulled me over. I said no. He said my exhaust was too load, I presented him with proof it had just passed emissions in the last 6 months and noise test was done. He left and went to car for short time. When he returned he had asked if i had been drinking. I said no and I would be happy to perform any tests. He then said "I believe you, I was just trying to figure out why you would be doing 40mph in a 30mph zone with your children in your car?" I said we are on our way to the movies and I wasnt speeding. He went back to his car and came back with a ticket stated 40mph in a 30mph zone. I asked to see his SMD and he said "if you took a moment to read the ticket you would see I paced you"

    Soo... I found this site did my research and was completely ready to beat this case with math and tips from this forum. After about a month passes by and the courts send me nothing. So I called the courts and they explain they just sent out a letter because they never received the ticket from me.

    This is my fault because I know I should have sent it certified but there was a huge line at post office because of the holiday season and i thought I would save myself a buck because what really matters is I send out the letter for discovery with certified mail. This really bit me in the butt.

    So now I have went to courts paid a fee and have been granted a show of cause hearing. The clerk says if the judge allows it he will grant me a contested hearing but I should be ready at that time to plead my case.

    So back to my question

    What rights do I have? Is there a way to get a contested hearing? Is their a defense that forces the judge to give me a contested hearing?

    I apologize for the long post. I have searched 17 pages and really found nothing to answer my dilemma.

    Thanks so much.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Courts Didn't Receive My Ticket

    The way to get the court to grant you a contested hearing is by convincing the court that your default was inadvertent, and that you in fact did respond to the ticket in a timely manner. Whether or not you will succeed, I suspect, will depend more upon the attitude of the judge and the judge's 'read' of you than upon anything else - after all, you have no evidence to present beyond your own account of what happened.

  3. #3
    Join Date
    Feb 2010
    Location
    WA
    Posts
    6

    Default Re: Courts Didn't Receive My Ticket

    Thank you. I figured I would go to court clean shaved, and nicely dressed, maybe bring in some figures showing that the Postal system does in fact lose mail every year, or mis-deliver it.

    I figured I'm just at the courts mercy now.

    The worse that could happen is I chalk this up to lesson learned. "ALWAYS send mail Certified to the courts."

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