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


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.

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