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Lucy, Esq.
Lucy, Esq., Attorney
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Time limit to issue infraction on state RCW 46.61.440

Customer Question

time limit to issue infraction on Washington state RCW 46.61.440
Submitted: 5 months ago.
Category: Legal
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

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I am sorry for this dilemma. But not sure I understand your specific question.

RCW 46.61.440 is the section of WA law that limits speed in certain circumstances...you want to sue someone for speeding??

Expert:  P. Simmons replied 5 months ago.

Or are you asking how long before the state can prosecute this?

Customer: replied 5 months ago.
No, my infraction was committed on 5/17, the web stated that if they don't issue ticket within 14 days it would be thrown out... I receive the issued notice on 6/9.. Way past the 14 days .. Will it be thrown out?
Expert:  P. Simmons replied 5 months ago.

Thanks
I believe the statute is 2 years (same as misdemeanors in WA) but I can not confirm that (the code is not clear on this). I will opt out to allow other experts to assist, if they can

Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The reason people say a ticket can get thrown out is that photo-enforcement tickets must be mailed within 14 days after the violation occurred. If you were pulled over by a police officer who wrote a ticket for you under RCW 46.61.440, that 14 day limit does not apply. It's also not automatic. You'll have to go to court, point out that it took more than 14 days for them to issue the ticket, and then ask the judge to dismiss it. See RCW 46.63.170.

The fourteenth day after 5/17 was Memorial Day, which gives them until the following day to issue the ticket. The ticket has to be in the mail by that date, not in your hand. Check the envelope if you have it for a postmark. But it sounds like the ticket should have been delivered to you well before 6/9 if it was a photo-enforcement ticket.

The statute of limitations for an officer who pulls someone over to issue a ticket is one-year, which is the same for all misdemeanors in Washington state. RCW 9A.04.080.

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Customer: replied 5 months ago.
Can I beat this without appearing in court? I live in Arizona and will not be going to Seattle anytime soon
Expert:  Lucy, Esq. replied 5 months ago.

You can respond to the notice by mail, asking them to dismiss it because they didn't mail you the notice within 14 days. If they don't dismiss it, you could still have to go to court in Washington or send a lawyer to appear on your behalf. But they should if you have the proof of when it was mailed, because the statute supports you.

Expert:  Lucy, Esq. replied 5 months ago.

Did you have any other questions about this?