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defination of from on infraction

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C

clarkvern

Guest
how can you challenge legal verbage or are we just wrong??

What is the name of your state? Washington.
my daughter is 18 and driving. She recently received a speeding ticket, and wanted to contest it. The problem we have is the verbage on the back of the ticket.

It states: Notice of Infraction. This is a non-criminal offense for which you cannot go to jail. You must respond within fifteen (15) days from the date issued. Your response must be postmarked by midnight of the day it is due at the court.

She took much care to assure that this date was abided by. Since the form states 15 days from the date of infraction, and does not say 15 days including date of infraction, as a reasonable person receiving this on September 22, 2004, she determined that the date it was due by was October 7th. Although she mailed it a couple of days prior, it was still not postmarked until the October 7th date, which we thought was within the allotted time. After not hearing from the courts, I called today just to be informed that the 15 days was inclusive of the date she received the ticket. The clerk answering the phone said she receives a lot of calls from people not understanding that the fifteen days are inclusive of the date they recieve their ticket.

That leaves me to believe that the verbage on the infractions are not clear enough for the average reasonable person to understand, and that many people are being denied their day in court due to their interpetation of the meaning of the word from. One day makes the difference on weather she can be heard in a court of law, or just has to accept the fine for the infraction. Especially when she feels the officer was not correct.

My question is: is there anything that can be done to change this? Is there anyway other than hiring an attorney for her to be able to have her day in court? Who is in charge of drafting the infraction forms within the court system, and can the verbage be challenged? Do we have any other options other than paying the fine?

Date of issue was September 22, 2004 @ 1215pm and the postmarked date of her response was October 7, 2004. We still have not received anything from the courts although I was informed that a letter was drafted around November 16th or 17th, 2004 and was told that she has 30 days to pay for the infraction.

Any assistance you can provide would be greatly appreciated.
 
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