HOW TO file a motion with the court to have the case re-opened and re-heard. TRAFFIC MITIGATION HEARING"! I CANT HAVE MOVING VIOLATION NEED TO REOPEN MITIGATION HESARING TRAFFICK TICKET AND GET FRONT JUDGE HAVE LETTER AUTO MECHANIC SHOP SHOW SPEEDOMETER 6 MILES WRONG EXAMPLE SAID GOING 56 BUT MY SPEEDOMETER SAID 50 DIDNT KNOW TIL AFTER MITIGATION ETC WILL LOSE LICENSE 4 YEARS CANT LOSE NEED TRY DISMISS OR CHANGE MOVE VIOLATION TO NON MOVE VIOLATION
Country relating to Question: United States
State (if USA): Washington
APPEALED DMV WAS WANT FILE MOTION COURT HAD MITIGATION HEARING
When was the hearing? How long ago?
Okay. Here is the relevant statute: "§ 10.73.090. Collateral attack -- One year time limit (1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction. (2) For the purposes of this section, "collateral attack" means any form of postconviction relief other than a direct appeal. "Collateral attack" includes, but is not limited to, a personal restraint petition, a Habeas Corpus petition, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a New Trial, and a motion to arrest judgment. (3) For the purposes of this section, a judgment becomes final on the last of the following dates: (a) The date it is filed with the clerk of the trial court; (b) The date that an Appellate Court issues its mandate disposing of a timely direct appeal from the conviction; or (c) The date that the United States Supreme Court denies a timely petition for certiorari to review a decision affirming the conviction on direct appeal. The filing of a motion to reconsider denial of certiorari does not prevent a judgment from becoming final. "What this means, is that you have one year from the judgment to file a motion to vacate the judgment or a motion for a new trial. What you will need to do, is to prepare your motion giving the reasons why the hearing/trial should be re-opened, and that you have new evidence which you were not able to obtain before the hearing. Then you will need to file the motion with the court clerk.
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