Case Conclusion Date:May 7, 2010
Practice Area:Speeding / Traffic Ticket
Outcome:Prevailed - Reversed on RALJ appeal.
Description:Sharon Elefant's motorcycle hit a parked car and she was subsequently charged with an infraction under the Seattle Municipal Code. She contested the infraction at a contested hearing in the Seattle Municipal Court, Elefant moved to dismiss for the court's failure to set her prehearing conference within the time limitation set out under court rule. The Municipal Court denied the motion, the case proceeded to hearing over objection and without Elefant being available to testify, and the court found Elefant committed the infraction. Elefant appealed the denial of the motion to dismiss. The Superior Court of the State of Washington for King County held that the Municipal Court of Seattle erred when it set respondent's prehearing conference outside the time limitation set out in the court rule, and the Municipal Court failed to sustain the objection on the record when the Municipal Court failed to give respondent written notice of a time limitation for the objection. The Superior Court reversed the Municipal Court and remanded the cause to the Municipal Court for proceedings consistent with this order.