[skellmo]

I have a court hearing later today for a traffic ticket I got. The officer didn't file the ticket within the 48hrs from when I recieved it, and I plan to beat it using that. But I can't find the RCW law that states the 48hr deal. I've looked through all of title 46, motor vehicles, and didn't find a thing. Does anyone happen to have the RCW that says the officer has to file the ticket within 48hrs? thank you!

mike

 

[racquetballpimp]

RCW 7.80.050
Notice of infraction -- Issuance, service, filing.
(1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction.

(2) A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer's presence.

(3) A court may issue a notice of civil infraction if an enforcement officer files with the court a written statement that the civil infraction was committed in the officer's presence or that the officer has reasonable cause to believe that a civil infraction was committed.

(4) Service of a notice of civil infraction issued under subsection (2) or (3) of this section shall be as provided by court rule. Until such a rule is adopted, service shall be as provided in *JTIR 2.2(c)(1) and (3), as applicable.

(5) A notice of infraction shall be filed with a court having jurisdiction within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice.

http://www.leg.wa.gov/RCW/index.cfm?section=7.80.050&fuseaction=section

 

[gumbydood]

Be aware that subsection 5 says "may be dismissed", not "will be dismissed". It's within the power of the judge to throw the ticket out, or not, for the officer's failure to file the ticket, and solely at the judge's discretion. He/she may ask you if you were damaged by the failure to file, and if so, I'd make sure to have a VERY good answer.

Good luck
Gumbydood

 

[stevieb]

Hire a lawyer! But probably to late for that....good luck.

 

[alanheng]

racquetballpimp said:


(5) A notice of infraction shall be filed with a court having jurisdiction within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays.

I hope the situation doesn't involve you getting a ticket Friday afternoon, and the cop filing the ticket Monday morning.

 

[Bravo1]

Whenever I went to court, that was the first thing people would ask if the officer filed the paperwork in the required amount of time. If the time was over 48 business hours, then the judge tossed it out. That was in the Issaquah District Court.

 

[D-Rail]

I have a court hearing later today for a traffic ticket I got. The officer didn't file the ticket within the 48hrs from when I recieved it, and I plan to beat it using that. But I can't find the RCW law that states the 48hr deal. I've looked through all of title 46, motor vehicles, and didn't find a thing. Does anyone happen to have the RCW that says the officer has to file the ticket within 48hrs? thank you!

mike

you dont need the exact RCW law, just ask them if the paperwork was filed in the correct time frame!

 

[theJrod]

Good luck - be sure to update us when you get out.

 

[JRachnerZTT]

Yeah... I just got a ticket on the 13th on 405 shouthbound between 520 and NE 8th st....

I HAVE to get it dropped otherwise my neg2 that was deferred (thanks again Andy Phipps :mad) will come back to haunt me.

Luckily the ticket is just for expired tabs. But i had to go to FUCKING BURIEN to turn the ticket in for a contested hearing today! :mad wtf If i got the ticket within' the city limits of Bellevue why am i going to the court in Burien. Either way doesn't matter, I got the ticket on the 13th and it wasn't filed till' the 20th.

 

[skellmo]

thanks RBP, you really are a pimp

my next question: I have all the paperwork for this ticket, and on the aftadavid(sp?) the officer gives his statement, and then at the bottom is a stamped Jul 26, 2004, and no signature. However, on another document I have it states the violation date was July 15, 2004, and the filing date was July 19, 2004 (which falls over a weekend). So I'm not sure which date is the correct filing date. And doesn't the officer need a signature on his aftadavid also? Thanks guys:thumb

 

[skellmo]

alright all, I'm off.

I'll let you know what happened when I get back.