Results 1 to 10 of 13

Threaded View

  1. #1
    Join Date
    Apr 2010
    Posts
    7

    Default How to Get a Dismissal for Lack of Speedy Trial in Traffic Court

    In CA:

    on 9/24 and I plead not guilty, posted bail, and scheduled a trial for 10/18, with county clerk. I never waived my right to a speedy trial within 45 days.
    But it does say on the form I agree to appear for arraignment and trial on 10/18. (but the document does say on it trial to be within 45 days)

    I just received a letter in the mail saying "Per request and judges orders, the court trial has been rescheduled from 10/18 to 11/19."

    Can I refuse to reschedule my case in any way? (assuming the officer is on vacation or something)

    Do I have grounds for dismissal based on the sixth amendment and section 1382(c) of the penal code. It would appear i haven't been arraigned yet...

    Should I file a pretrial motion for dismissal, or should I just wait for trial and ask for dismissal once the trial begins. And if I do file a pretrial motion, should I wait until 45 days have lapsed, or just file the motion ASAP?

    1. Sponsored Links
       

Similar Threads

  1. Motions: Speedy Trial Rights in Texas Traffic Court
    By jamesnb in forum Traffic Court
    Replies: 4
    Last Post: 03-12-2011, 05:01 PM
  2. Motions: Speedy Trial Rights in Traffic Court
    By scrmnss in forum Traffic Court
    Replies: 3
    Last Post: 01-07-2011, 04:24 PM
  3. Speeding Tickets: California Traffic Court - Steps to Get a Speedy Trial with TBD
    By PJMarx in forum Moving Violations and Traffic Tickets
    Replies: 1
    Last Post: 06-23-2010, 11:18 AM
  4. Motions: Traffic Ticket, Dismissal for No Speedy Trial
    By taylorcalmus in forum Traffic Court
    Replies: 11
    Last Post: 04-20-2010, 10:29 AM
  5. Speeding Tickets: Right to A Speedy Trial in Traffic Court
    By QualityWoman in forum Moving Violations and Traffic Tickets
    Replies: 11
    Last Post: 11-21-2005, 09:42 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document