I was issued an unjustified speeding ticket. Found guilty via written statement. Is "Motion to Set Aside Judgment" an option?

Asked almost 2 years ago - Seattle, WA

I was issued a speeding ticket that I believe was unjustified. There are several reasons why I believe the ticket was wrongfully issued, and I have questions and major concerns that another car was clocked instead of mine (I have a witness). I marked the "Contested Hearing" option on the ticket, and was subsequently sent a letter from the court with a blank sheet of paper attached on which I was asked to list the reason why I wanted a hearing. I sent in my list of my concerns, and received a final letter from the judge informing me that I was found guilty judging from my notes. I had asked for a Contested Hearing in court and was never informed anywhere that I would be judged based on my statement. Does it make sense for me to request a 'Motion to Set Aside Judgment' without a lawyer?

Attorney answers (4)

  1. Mark C Blair

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . If the court was in error for not setting your matter to a contested hearing, the proper procedure would be to file a motion to set aside judgement.

    I would advise you to consider retaining legal counsel to handle the matter as your initial attempt to resolve the matter without counsel was unsuccessful.

  2. Chong Hae Ye

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree with my colleague, if you never requested a hearing my mail, I would submit a "motion to set aside judgment," I would hire a traffic infractions attorney who can review your case.

    The information on this website is not intended to be legal advice.
  3. Alexander Phillip Jensen

    Contributor Level 6

    3

    Lawyers agree

    Answered . I have a feeling that the paper you sent in was a request for hearing by mail. Many courts will give you the option to write a letter to the court explaining why you think you did not commit the infraction, rather than taking the day off of work to appear in court before a judge. Generally, you cannot appeal the judge's ruling in your case if your hearing was conducted by mail.
    It sounds like you were confused as to the purpose of the letter, and that may be a sufficient reason for the judge to grant a motion to vacate the committed finding and set your case for a contested hearing again.
    I would certainly recommend speaking to an attorney about this situation if you are actually serious about getting the ticket off of your record. Part of the reason that you are in this situation is that you are not very familiar with the legal system, and you need more advice than someone can give in this type of forum.

  4. Aaron Lukoff

    Contributor Level 13

    2

    Lawyers agree

    Answered . WTF? What jurisdiction was this? The appropriate motion is CRLJ 60(b). Get a lawyer who knows how to handle this for you. I can be reached at 360-647-5251 or at aaron@lukofflegal.com.

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