Thursday, September 18, 2008

Beat the ticket with Rule 2.2d

What's rule 2.2d you ask? I didn't know until today. I had to go to traffic court with my 19 year old to fight her ticket on "Following too closely." While we were waiting for our turn, a young man and his father had their turn, and pled "discharge" because rule 2.2d was violated. Sure enough, the judge and prosecuting atty looked at the paperwork and agreed, and "case dismissed." Wow! I want some of that action! So I followed them outside into the hall and asked what was "magic 2.2d ". The father handed me a copied page of Infraction Rules, and section 2.2d says that infractions have to be filed with the court within 5 business days, and theirs was filed in 7. Case dismissed. I asked how they knew the dates, and they said they had "done discovery" and gotten the filed documents. Well, I didn't have that, or the time to do it, but figured it was worth a shot.
When it was our turn, we sat down and the daughter asked "I was wondering if rule 2.2d applies in my case?" The prosecuting atty and judge look at their paperwork, and the atty gets quiet. A good sign, in my estimation. Then the judge asks the clerk to print out a copy of the paperwork for us. He then says "Look at the box below the fine, where it says "Date issued". We look. It is blank. And as it turns out, section 2.1b says that the ticket is SUPPOSED to contain this date.
Well the prosecuting atty makes a try going back to rule 2.1a which says "minor mistakes on the form don't invalidate it." Dang, I guess we're dead. But no, the judge says "I belive that section 1.9 refers to the printed form itself, not the information that is supposed to be filled in ON it." And at that, we are "case dismissed."
Thanks to the dad who tipped me off on rule 2.2d. Thanks to the office who failed to fill in the date. And thanks to the judge whose interpretation got us a dismissal.

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