Our office has an extensive checklist that is used
for every traffic ticket that we defend. This checklist has dozens of reasons for dismissal. For example, our office may
challenge your traffic ticket for a violation of any of the following:
- Insufficient
NOI- IRLJ 2.1(b)
- Improper
Venue- IRLJ 2.3
- Untimely
Filing- IRLJ 2.2(d)
- Untimely
Scheduling- IRLJ 2.6(a)(1)
- No jurisdiction-
Wenatchee v. Durham
- Evidence
Prohibited- RCW 46.52.080
- Inadequate SMD Certification- IRLJ 6.6
- Police report doesn't contain elements of violation
- No response to Subpoena- IRLJ 3.1
- Violation of local court rules
- Evidence
is Hearsay- ER 801-802
- Documents
not Authenticated- ER 901-902
- E-ticket violations
- Inadequate
SMD Foundation- Seattle v. Peterson
- Non-response
of Prosecutor- IRLJ 3.1(b)
And this is just a small sample of how we can get a
ticket dismissed. As you can see, traffic tickets can be challenged in many ways: with the Court Rules, with past case
law, and with statutory requirements. There are also local court rules that govern each individual court. When a ticket can not be
dismissed outright, there are procedures built in to the law that allow for dismissal after certain conditions are met.
Examples of these are deferred findings and stipulated orders of continuance.
