is this reason to motion for dismissal at my arraignment because the 5 day filing period was not met by the prosecutor's office?
Yes, you can ask for dismissal on this ground. IRLJ 2.2(d). There is no "arraignment" if this is a traffic ticket.
This is a duplicate post and it has already been answered.
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If the 5 day filing period has been exceeded (not counting weekends and holidays) then yes that is a valid motion for dismissal. However, you may want to verify that date with the court. Some municipalities utilize a violations bureau and file the ticket there first. The ticket is then forwarded to the court if it is challenged. Most judges will find that a filing with the violations bureau within the 5 day period satisfies the rule.
Lucas D. McWethy
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