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  1. #1
    Join Date
    Jan 2010
    Location
    Washington
    Posts
    26

    Default Subpoenaed to My Own Hearing, Speedy Trial Violation

    Washington State, King County, Bellevue District

    This infraction deals with my wife. She received a NOI in the mail in early Feb 2010 for an violation on 5/6/2009. She did not receive a NOI on 5/6/2009. Ticket states under officers signature, 'Ticket sent to court for mailing'.

    NOI was returned requesting a contested hearing.

    The hearing date was set to 4/2/2010. IRLJ 2.6 states hearing must be 14-120 days, this obviously is not.

    Letter objecting to the hearing date was sent within 10 days to Prosecuting Attorney's office and filed with the court. Letter also requested that case be dismissed is a court hearing could not be set in accordance with IRLJ 2.6

    Prosecuting Attorney's response was to subpoena my wife (via certified mail).

    Am I missing something? Why the subpoena, why are they pursuing this?

    Thanks...

  2. #2
    Join Date
    Jan 2010
    Location
    Washington
    Posts
    26

    Default Re: Subpoenaed to My Own Hearing, Speedy Trial Violation

    I should add:

    • Ticket was for Fail to obey traffic control device
    • There was an accident involved


    Note: previous post should read: "Letter also requested that case be dismissed IF a court hearing could not be set ..."

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

    Default Re: Subpoenaed to My Own Hearing, Speedy Trial Violation

    It looks like the court has scheduled a hearing on your motion for dismissal, coincident with the original hearing. I'm guessing your wife will just have to go and make her arguments there, but I don't know for sure. Was there something your wife did that may have contributed to the delay? Such as moving? If not, just show up and argue IRLJ 2.6.

    Barry

  4. #4
    Join Date
    Jan 2010
    Location
    Washington
    Posts
    26

    Default Re: Subpoenaed to My Own Hearing, Speedy Trial Violation

    Thanks for taking a look at this.

    We haven't moved. The address on the NOI is that same as her drivers license which is the same as we received the court mailed NOI and subpoena.

    The first that we heard of this was in early Feb, when we received the NOI - so we didnt contribute to the delay.

    We will go contest and argue IRLJ 2.6. I will post the results after 4/2.

    Two things to note:
    1. Bellevue is quoting an old version of IRLJ 3.1
    2. The endorse as witnesses in this case 2 radar techs. No radar at all was involved.

    http://farm5.static.flickr.com/4063/...443d3f2f_b.jpg

    Blewis - thanks again!

  5. #5
    Join Date
    Jan 2010
    Location
    Washington
    Posts
    26

    Default Re: Subpoenaed to My Own Hearing, Speedy Trial Violation

    Went to this hearing this morning.

    Lost. Judge denied the motion because of (CAPS):

    IRLJ 2.6
    The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court,
    nor more than 120 days from the date of the notice of infraction
    OR THE DATE A DEFAULT JUDGEMENT IS SET ASIDE.

    To the best of our knowledge there is NO default judgement. We have attended the one and only hearing that was scheduled (today).

    Here is the timeline:

    • May 06, 2009 Violation and Accident occurred
    • May 07, 2009 Date on Notice of Infraction Issued (but not given to defendant)
    • Feb 11, 2010 Received NOI in mail
    • Feb 12, 2010 Contested NOI filed at Courthouse
    • Feb 12, 2010 Request for Discovery Filed as Courthouse and PA Office
    • Feb 24, 2010 Received Notice of Hearing (Scheduled for Apr 2, 2010)
    • Feb 24, 2010 Filed Objection to Courtdate (Motion for Speedy Hearing) with PA's Office
    • Feb 25, 2010 Filed Objection to Courtdate (Motion for Speedy Hearing) with Courthouse
    • Feb 2X, 2010 (approx date) Discovery Materials Received (was mailed on Feb 25, 2010)
    • Mar 13, 2010 Received Subpoena for Apr 2, 2010 hearing
    • Apr 02, 2010 Attended hearing, Motion for Dismissal Denied because '...or the date of default judgement is set aside'. Judge reduced fine from $175 to $100.



    Can someone comment on this please? I feel we are being railroaded.

    Thanks,
    Maukiman

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

    Default Re: Subpoenaed to My Own Hearing, Speedy Trial Violation

    Did you ask, "What default judgment are you referring to, Your Honor?"

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