Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

HOW TO file a motion with the court to have the case re-opened

 

Customer Question

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

 

Optional Information:
Country relating to Question: United States
State (if USA): Washington

Already Tried:
APPEALED DMV WAS WANT FILE MOTION COURT HAD MITIGATION HEARING

Submitted: 289 days and 19 hours ago.
Category: Legal
Value: $40
Status: CLOSED
Picture
Expert:  D. WINOGO ESQ. replied 289 days and 18 hours ago.

When was the hearing? How long ago?

Picture
Expert:  D. WINOGO ESQ. replied 289 days and 18 hours 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.

 
Tweet

22 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
244 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC