Dismissal due to time limit? WA

[shaugh]

What is the name of your state (only U.S. law)? Washington

Hey guys....quick question. I received a citation for an unsafe lane change in January. I immediately sent in my request for a contested hearing and the court received it (signed proof of delivery) on February 3rd. I did not receive the notice of hearing until today (March 4th). The Wasington IRLJ Rules state the following:

(a) Contested Hearings.

(4) The infraction may be dismissed upon a showing of
prejudice if the court does not send a defendant written notice
of a hearing within 21 days of receipt of the request for a hearing.

This would make it seem like I could get it dismissed, right? It definitely wasn't 21 days. I actually called the court and the district clerk said all their rules refer to calendar days, not business days. What is the best possible way to go about this? Any help would be appreciated. Thanks!

Sean

 

[Maestro64]

Nice fine BTW, many people ask the same question about time delays and their rights to a speedy trail and such.

As that is writen I would have to say you have to show how the delay has prejudice you, so their delay has some how harmed your chance to a fair trial or your ability to defend yourself.

Without being able to show that the court will not allow a dismissal, even if you could show how there delay may have prejudice you they would over rule your motion.

 

[I_Got_Banned]

Maestro may be right...Notice the statute says the court "MAY" so it is dependant on how you present your reasoning.

You also quoted the statute as saying that the notice of hearing must be "send a defendant written notice of a hearing within 21 days of receipt of the request for a hearing". You received it on March 4th BUT what date was it postmarked on??? That is when they SENT it!