Notice of Hearing came too late

About 2 months ago, I received a speeding ticket for going 15 mph over in a 60 mph zone. I decided to contest the hearing and received notice of my hearing today 27 days before it is scheduled, but the notice is dated 5 days earlier. Unfortunately, the hearing notice states that a request for a speed measuring device expert must be filed at least 30 days prior to the hearing. Can I request my case be dismissed? They have had over 2 months to give me notice and I receive it less than a month before my hearing.

Asked on June 8, 2016 under General Practice, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it won't be dismissed for this reason; what they will most likely do is, when you show up for court and indicate that the notice came too late for your expert request, they will adourn, or reschedule, the case until a later date so you can get your expert. In the meantime, contact the court, explain the situation and see if you can put in the request on  short notice--document your efforts. You probably won't be able to, but you want to show the court you did everything possible.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.