Trial Denovo Speedy Trial Statute of Limitations

[la90292]

My question involves traffic court in the State of: California

Here are my case facts for reference:

Date of citation: 04-06-2010
Violation: 22102 illegal u turn in business district
Place: Los Angeles
Submitted Request for Trial by Written Declaration by mail: 05-06-2010
Submitted TBWD: 06-29-2010
Received Guilty Plea: 02-04-2011
Submitted Trial DeNovo Request: 02-02-2011
Trial DeNovo Date: 03-28-2011

I have read some of the other posts relating to the speedy trial statute. I am somewhat confused as to my case since I initially filed a TBWD.

My question has to do with my Trial NeNovo. My request was received by the traffic court on 02-08-2011. My trial date is set on 03-28-2011. That is surely not 45 days from the receipt of my request, the 25th would be.

Consequently, do I have a right to request a dismissal and if so by what statute.

Thanks you for your help.

Kindest regards.

[HonkingAntelope]

Depends on the judge... According to case law (People vs Behnoor, I believe), a minor delay by itself in scheduling a trial de novo doesn't constitute a cause for dismissal. On the other hand, Rule 4.210(b)(7) requires the court to schedule trial de novo within 45 days, and I've seen at least one case on here when the judge dismissed the matter and specifically cited the clerk's failure to comply with Rule 4.210(b)(7) as the cause.

[la90292]

Would it be prudent on my part to make a pretrial motion? If so, how? Thanks.