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  1. #1
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    Default Speeding Citation in Snohomish County, Washington

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

    I received a citation in Snohomish County, Washington, for reckless driving RCW 46.61.465. The citation clearly reflects SB I-405, MP 28, Snohomish County. However, the court case is filed in King County District Court. Would I have grounds for dismissal based on the fact that the case was filed in King County instead of Snohomish? If so, and the case was dismissed for that reason, would the prosecutor in Snohomish County be able to subsequently file against me?

  2. #2
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    Default Re: Speeding Citation in Snohomish County, Washington

    The question is about jurisdiction. Can an officer, based in one county, cite for an infraction of a violation that occurs in another county other than his own? Basically, we're talking about long arm statutes. For the purpose of this question, I am going to assume that you were cited by a Washington State Patrol Officer. If this is not correct, please let me know ASAP.

    I am also going to assume that the court hearing the case is Shoreline KCDC.

    Let me do a little bit of research on long arm statutes in King and Snohomish County and I'll circle back and let you know what I find.

    This, indeed, is quite an interesting case. There is not a day that I log onto this forum and am not amazed at the things the users find.

    Brendan

  3. #3
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    Default Re: Speeding Citation in Snohomish County, Washington

    If the citation spells out "Snohomish County", this should get dismissed. Assuming this was a State Patrol officer, there are no "long arm" statutes or intercounty agreements that apply. Even a county sheriff having an intercounty agreement still has to file the notice in the proper court. IRLJ 2.3 clearly states:

    Quote Quoting IRLJ 2.3
    RULE 2.3 VENUE

    Except as otherwise specifically provided by statute, an infraction case shall be brought in the district court district or the municipality where the infraction occurred. If a notice of infraction is filed in a court which is not the proper venue, the notice shall be dismissed without prejudice on motion of either party.

    And, yes, since the rule says "without prejudice", it COULD be refiled in Snohomish County, however, I've never seen that happen. Besides, IRLJ 2.2 (d) states:

    Quote Quoting IRLJ 2.2
    (d) Filing of Notice. When a notice of infraction has been issued, the notice shall be filed with a court having jurisdiction over the infraction or with a violations bureau subject to such courts supervision. The notice must be filed within five days of issuance of the notice, excluding Saturdays, Sundays, and holidays. In the absence of good cause shown, a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed with prejudice.

    It will certainly be more than 5 days, and I don't know that "stupidity" constitutes "good cause shown" -- but that's just me.

    Good luck,
    Barry

  4. #4
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    Default Re: Speeding Citation in Snohomish County, Washington

    I received the ticket in Snohomish County on I-405 Southbound between I-5 and the Canyon Park exit. I exited at Canyon Park--always in Snohomish County. The State Trooper (WSP) told me I would be receiving something from South District Court in Lynnwood. Now, exactly 1 1/2 years later, I'm recieving a notice to appear in King County District Court, Redmond Division.

    The ticket was issued and indicated Snohomish, it's just on the top part of the ticket "County of" he wrote King and that's where it was apparently filed.

    As a footnote, I was not served the citation at the time. I was pulled over on September 20, 2008, the citation was filled out by the trooper on September 23, 2008, and was filed with the court on March 1, 2010.

  5. #5
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    Default Re: Speeding Citation in Snohomish County, Washington

    Oh, my! Move for dismissal pursuant to IRLJ 2.2 (d), which REQUIRES that it be filed within 5 days of when it was issued. I think 1 1/2 years is more than 5 days -- at least by my method of keeping time.

    Barry

  6. #6
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    Default Re: Speeding Citation in Snohomish County, Washington

    Another thing to note is that Reckless Driving (RCW 46.61.465) is a criminal misdemeanor. You may run into a little bit of trouble with 2.2d. I don't know much about Crim Law, but I do believe that the prosecution (or city/state/what-have-you) has only 1 year to file the infraction. Maybe check the SOL on criminal infractions?

    If so is the case: Motion dismissal per IRLJ 2.3.

    Brendan

    Yes, I was right. RCW 9A.04.080 states that Gross misdemeanors: 2 yrs.; other offenses: 1 yr. Reckless D is not a gross misdemeanor. So if 2.2d doesn't work, motion for dismissal pursuant to RCW 9A.04.080(1)(j): "No misdemeanor may be prosecuted more than one year after its commission."

  7. #7
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    Default Re: Speeding Citation in Snohomish County, Washington

    If the motion for dismissal pursuant to 9A.04.080 isn't granted (although I don't see why it wouldn't be), you could argue that RCW 46.61.465 does NOT define a separate offense for which a citation (or indictment) can be issued (C.f., STATE v. MacRAE, 101 Wn.2d 63, 676 P.2d 463 (1984)).

    It simply states:

    Quote Quoting RCW 46.61.465
    RCW 46.61.465 Exceeding speed limit evidence of reckless driving.

    The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof.

    That's a simple definition. Compare that with, say, RCW 46.61.540, which states:

    Quote Quoting RCW 46.61.540
    RCW 46.61.540 "Drugs," what included.

    The word "drugs", as used in RCW 46.61.500 through 46.61.535, shall include but not be limited to those drugs and substances regulated by chapters 69.41 and 69.50 RCW.

    You cannot be accused of violating this statute, anymore than 46.61.465, since they do not define violations. RCW 46.61.465 simply allows "speeding" to be considered "evidence" of reckless driving.

    Had OP been cited for RCW 46.61.500, it would be a different matter. In that case, RCW 46.61.465 would allow the defendant's "speed" to be considered prima facie evidence of reckless driving.

    Barry

  8. #8
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    Default Re: Speeding Citation in Snohomish County, Washington

    Barry, I think we just confused the OP. Majorly. Lost me a little bit. Had to read it twice.

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