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Ticket dismissed

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Old Feb 8, 2006 | 09:14 PM
  #1  
sonofsnood's Avatar
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Ticket dismissed

Once again, I got a ticket dismissed for a family member, I used the template on this website: http://miahdesign.com/ticket.htm

Mailed a certified letter to the court requesting discovery per IRLJ 3.1a, http://www.courts.wa.gov/court_rules...rictdische33.1
they have to send you discovery that you request. Do this 3-4 weeks before you go to court. If you do it 14 days beforehand, they can deny you.

If they don't mail it, which is what happened in this case, you go up to the judge, show her your copy of letter requesting discovery, the certified mail receipt, the printout from the Post Office saying the letter was received by addressee, and a copy of IRLJ 3.1a. You simply ask that the ticket be stricken from evidence, thus with no ticket to prove you did anything wrong, to dismiss the case.

My brother in law barely speaks English and he was able to pull this off.

If they do mail it back in time, then check to see if the Officer filed it 2 days after the infraction, in which case you can use this to dismiss it:
http://apps.leg.wa.gov/rcw/default.aspx?cite=7.80.050

also, for the school zone one's that don't have any kids around:
http://apps.leg.wa.gov/wac/default.aspx?cite=468-95-350
 
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Old Feb 9, 2006 | 11:59 PM
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From: Seattle
Thanks for the info!
 
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Old Feb 12, 2006 | 02:46 PM
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From: Bellingham, WA
Wow

I got a BS speeding ticket(no radar) right before Christmas, but my court date is not until March 28. I see that if your court date is not within 90 days of issuing the ticket, you can get it dismissed. I just want to confirm that, if you can.
 
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Old Feb 12, 2006 | 08:48 PM
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i'll find out and let you know what I find out

my friends pay $400 to a lawyer to do what we all can do for free so I hope other fight every and all tickets they receive injustly
 
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Old Feb 13, 2006 | 02:04 PM
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From: Bellingham, WA
Thanks
 
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Old Feb 14, 2006 | 05:03 AM
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use this link for IRLJ 3.1a, more descriptive

http://www.courts.wa.gov/court_rules...eid=cljirlj3.1
 
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Old Feb 14, 2006 | 05:17 AM
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here's what I found:

http://www.courts.wa.gov/court_rules...leid=supCrR3.3

seems to apply more to criminal case than civil infractions but I think it does apply:

(h) Dismissal With Prejudice. A charge not brought to trial within the
time limit determined under this rule shall be dismissed with prejudice.
The State shall provide notice of dismissal to the victim and at the
court’s discretion shall allow the victim to address the court regarding
the impact of the crime. No case shall be dismissed for time-to-trial
reasons except as expressly required by this rule, a statute, or the state
or federal constitution.


there is a caveat though:

(3) Objection to Trial Setting. A party who objects to the date set on
the ground that it is not within the time limits prescribed by this rule
must, within 10 days after the notice is mailed or otherwise given, move
that the court set a trial date within those time limits. Such motion shall
be promptly noted for hearing by the moving party in accordance with local
procedures. A party who fails, for any reason, to make such a motion shall
lose the right to object that a trial commenced on such a date is not
within the time limits prescribed by this rule.


here's another document that was hard to wade through...

http://www.courts.wa.gov/court_rules...ipalmunken32.6
 
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Old Feb 14, 2006 | 10:46 AM
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Thanks for the info. Seems I need to file for a sooner date.
 
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Old Apr 19, 2006 | 12:23 AM
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From: Auburn, WA (Lakeland)
Sorry to bring this back....

My bro got a ticket and on the infraction the officer wrote down AL instead of AK for the license plate... because the truck was from Alaska... anyway this ticket can get dismissed just for that error? because AL stands for Alabama I believe lol ... ?? Let me know plz thanks.
 
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