My question involves a traffic ticket from the state of: Washington WA
I have been reading and re-reading Barry's (blewis) Washington thread as I prepare for my contested hearing. That is a fantastic resource! While reading through the Washington IRLJ I noticed rule 2.3: RULE 2.3
VENUE
Except as otherwise specifically provided by statute, an infraction
case shall be brought in the district court district or the municipality
where the infraction occurred. If a notice of infraction is filed in a
court which is not the proper venue, the notice shall be dismissed without
prejudice on motion of either party.
My notice of infraction states the location of my infraction was at milepost 421 of the highway. According to the WA state Transportation Dept and Office of GIS maps, the county border on that highway is at milepost 422.01. The milepost noted (421) is in a different county than the one the officer wrote on the notice and subsequently the wrong district court was assigned. I know this is a matter of 1.01 miles but according to the letter of the law, is a motion for dismissal worth pursuing due to wrong venue? I have confirmed that both counties see their own traffic hearings so this isn't a shared jurisdiction. Thanks for your input!
I have been reading and re-reading Barry's (blewis) Washington thread as I prepare for my contested hearing. That is a fantastic resource! While reading through the Washington IRLJ I noticed rule 2.3: RULE 2.3
VENUE
Except as otherwise specifically provided by statute, an infraction
case shall be brought in the district court district or the municipality
where the infraction occurred. If a notice of infraction is filed in a
court which is not the proper venue, the notice shall be dismissed without
prejudice on motion of either party.
My notice of infraction states the location of my infraction was at milepost 421 of the highway. According to the WA state Transportation Dept and Office of GIS maps, the county border on that highway is at milepost 422.01. The milepost noted (421) is in a different county than the one the officer wrote on the notice and subsequently the wrong district court was assigned. I know this is a matter of 1.01 miles but according to the letter of the law, is a motion for dismissal worth pursuing due to wrong venue? I have confirmed that both counties see their own traffic hearings so this isn't a shared jurisdiction. Thanks for your input!
Speeding Tickets: According to Wa Map Notice of Infraction in Wrong County; Wrong District Court
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