Re: How to Get a Dismissal for Lack of Speedy Trial in Traffic Court
You need not "specifically" request an "in person" appearance... You can simply appear in court on the date shown on the notice to appear, or an extension date (if you've requested/received an extension), check the list which is usually posted outside of the courtroom (to ensure that you've got the right courtroom), and wait for your name to be called. You walk up, and the judge will read the charges to you and ask you to enter a plea.
If, you choose to forgo that process, and instead you walk up to the clerk's window (on or before the date shown on the notice to appear), and decide to post bail and request a trial date, then you're facing the consequences that you are facing now.
For starters, if you were to choose to request a TBD, that is done with the clerk. Furthermore, there are no specific time limits for the court to process the TBD (which means that it can take much longer than the 45 days that you're so adamant about invoking). Also, and while the California Court Rules require the clerk to schedule your TDN within a 45 day period of your requesting it (after losing the TBD), those same court rules also allow the court to extend those dates without even as much as a requirement to state the reason for the delay.
Additionally, by you requesting a TBD (a process that may take as long as 90 days or more) and then opting to go for a TDN (which can take as long as another 45 days or more).... It seems like you're defeating the argument that you are invoking your right to a SPEEDY trial by choosing a process that is bound to take in excess of 4 or 5 months to complete.
And by you reading the document and singing it, you attested to knowing what your rights are and yet you chose to waive them. The court clerk handing you that document is NOT a legal adviser. In fact, they are forbidden from offering legal advice. Therefore, it is your responsibility to either educate yourself about your rights and the manner in which you can properly invoke them or hire an attorney to handle the matter for you, rather than inadvertently waiving them and then trying to back track by blaming the standardized court procedures.
But, with you having your arraignment and you trial scheduled on the same day, the judge will read you your rights, ask you to enter a plea, and then immediately order the trial to commence. No risk of violating your right to a speedy trial...
Even if the judge did not read you your right(s) -remember, you signed that piece of paper saying you were informed of your rights by virtue of you reading it and signing it-... Do you think that you can come back and appeal on the grounds that your right to a speedy trial were violated, when in fact, your arraignment AND your trial were held on the same date?
I am right 97% of the time... Who cares about the other 4%!