My question involves a traffic ticket from the state of washington: A notice of infraction "failure to yeild" was issued January 2015 but never sent to me ( I am sure the courts hear this all the time). I received a letter from the department of motor vehicles stating that my license was being suspended and I also received a letter from collections for non payment of fine. I went to the court house that was listed on the Department of Licensing letter and inquired about the license suspension and was told that I had a failure to appear for the notice of infraction. I told the clerk that I never received a notice of infraction. The clerk came back and stated that there was a clerical error and that an officer wrote a ticket and gave it to the court and they had not sent it to me.
Instead of paying the fine I asked if I could still request a contested hearing. This was granted. According to Washington law Rule IRLJ 2.2 there are three ways to be issued a ticket:1) The citing officer serving the notice of infraction on
the person named in the notice of infraction at the time of issuance;
(2) The citing officer affixing to a vehicle in a conspicuous
place the notice of a traffic infraction if it alleges the
violation of a parking, standing, or stopping statute; or
(3) The citing officer or the prosecuting authority filing
the notice of infraction with the court, in which case the court
shall have the notice served either personally or by mail,
postage prepaid, on the person named in the notice of infraction
at his or her address. If a notice of infraction served by mail
is returned to the court as undeliverable, the court shall issue a summons.
I requested from the clerk a copy of the Case docket update and and entry was made on 1/2/2015 with finding/judgment of committed for charge 01. On 01/08/2015 an entry was made DEFENDANT WAS NOT SENT A NOTIFICATION LETTER.
I have a contested hearing date in a couple of weeks. My question is I am going to request a dismissal. Do I have to formally request that before the hearing date or can I just request that at my hearing date before the judge?
Instead of paying the fine I asked if I could still request a contested hearing. This was granted. According to Washington law Rule IRLJ 2.2 there are three ways to be issued a ticket:1) The citing officer serving the notice of infraction on
the person named in the notice of infraction at the time of issuance;
(2) The citing officer affixing to a vehicle in a conspicuous
place the notice of a traffic infraction if it alleges the
violation of a parking, standing, or stopping statute; or
(3) The citing officer or the prosecuting authority filing
the notice of infraction with the court, in which case the court
shall have the notice served either personally or by mail,
postage prepaid, on the person named in the notice of infraction
at his or her address. If a notice of infraction served by mail
is returned to the court as undeliverable, the court shall issue a summons.
I requested from the clerk a copy of the Case docket update and and entry was made on 1/2/2015 with finding/judgment of committed for charge 01. On 01/08/2015 an entry was made DEFENDANT WAS NOT SENT A NOTIFICATION LETTER.
I have a contested hearing date in a couple of weeks. My question is I am going to request a dismissal. Do I have to formally request that before the hearing date or can I just request that at my hearing date before the judge?
Failure to Yield: Do I Have to Requst a Motion to Dismiss or Just Go to Hearing and Request
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