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I did not get a ticket by the time I got an accident

Asked about 3 years ago - Lynnwood, WA

I did not get the ticket from police officer when my car got accident on 11/22/08. There was a truck that cut into my lane immediately to exit on I5 Northbound in WA. To avoid hitting that truck, I swirved and my car was rolled over. I was sent to the hospital. Nobody injured except me. no car hitting. no property damage except my car. Since then, I did not know that the police officer issued me a ticket. The police officer did not talk with me or give me a ticket at the accident time. Until I got the letter from department of licensing last week that my driver license is going to be suspeneded, I called the district court, they said that the ticket was mailed to my address but I honestly did not get it. They said it was too late to get the hearing. What should I do? The ticket is $175. And now plus another $52 for the late fee.

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Attorney answers (1)

Steven L Shaw

Reputation Level 9

Answered over 2 years ago. Car / Auto Accident Lawyer in Bellevue, WA.

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In Washington State, an infraction notice must be properly served on an infractioner. That can be done in person by the officer or by mail within the prescribed period of time.

RULE IRLJ 2.2
INITIATION OF INFRACTION CASES

(c) Service of Notice. A notice of infraction may be served either by:

(1) The citing officer serving the notice of infraction on
the person named in the notice of infraction at the time of issuance;

(2) The citing officer affixing to a vehicle in a conspicuous
place the notice of a traffic infraction if it alleges the
violation of a parking, standing, or stopping statute; or

(3) The citing officer or the prosecuting authority filing
the notice of infraction with the court, in which case the court
shall have the notice served either personally or by mail,
postage prepaid, on the person named in the notice of infraction
at his or her address. If a notice of infraction served by mail
is returned to the court as undeliverable, the court shall issue a summons.

If you didn't receive the notice by mail, then you have the right to contest the infraction. You'll need to file a motion with the court the infraction was sent to, to "set aside" the court's decision on the infraction. There are a number of legal guides on AVVO and on the internet that can guide you on how to write that motion.

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