My question involves traffic court in the State of: Washington
I was ticketed in Bellevue on 12/31/14 for doing 43 in a 30. I sent a request for a contested hearing on 1/2/15.
Worried that I hadn't heard anything since then, today (1/14/15) I called the courthouse to get some sort of update only to find that I was scheduled for court on 1/26/15. Apparently, according to the courthouse clerk, the notice had not been sent out until today.
If this is case, do I have a shot at a dismissal?
I read through the stickied procedural guide and according to IRLJ 2.6 (a)(1)
"The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court"
and that according to IRLJ 2.6 (f)
"An infraction not brought to hearing within the time period provided by this rule shall, upon motion, be dismissed with prejudice."
I have yet to receive the notice and my court date is 12 days away on 1/26/15.
If I am to understand correctly, as soon as I receive the notice, I should file a motion for a speedy trial with the Bellevue Courthouse within 10 days. Will I then be guaranteed a successful dismissal based on the court's failure to provide a speedy trial?
Thanks all.
I was ticketed in Bellevue on 12/31/14 for doing 43 in a 30. I sent a request for a contested hearing on 1/2/15.
Worried that I hadn't heard anything since then, today (1/14/15) I called the courthouse to get some sort of update only to find that I was scheduled for court on 1/26/15. Apparently, according to the courthouse clerk, the notice had not been sent out until today.
If this is case, do I have a shot at a dismissal?
I read through the stickied procedural guide and according to IRLJ 2.6 (a)(1)
"The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court"
and that according to IRLJ 2.6 (f)
"An infraction not brought to hearing within the time period provided by this rule shall, upon motion, be dismissed with prejudice."
I have yet to receive the notice and my court date is 12 days away on 1/26/15.
If I am to understand correctly, as soon as I receive the notice, I should file a motion for a speedy trial with the Bellevue Courthouse within 10 days. Will I then be guaranteed a successful dismissal based on the court's failure to provide a speedy trial?
Thanks all.
Motions: Speeding Ticket in Bellevue Wa: Motion for a Speedy Trial and Motion to Dismiss
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