How to Get a Dismissal for Violation of Speedy Trial Statute

**sprider** · 03-13-2011, 07:58 PM

My question involves traffic court in the State of: California

Ok. So I've read around, on this site and others, a bit on being able to dismiss a citation on grounds of violating California's Speedy Trial statute. However, I cant seem to find anything that fits my situation. So heres where I'm at:

I was in a motorcycle accident on Nov 27, '10. Conscious and compliant on scene. The patrolman filled the police report on scene, but never gave me or had me sign a ticket. I never received a ticket in the mail, but on Jan 22, '11, I received a letter from the District Attorney from the county saying I was being cited for crossing the center line. It said I needed to appear at the courthouse on Feb 8th.

So I went on the 8th and stopped at the clerks office to find out what was going on. The DA sent the letter to file at the courthouse the Thursday before, with the courthouse receiving it on Monday, the 7th. So the court clerk said that they didnt accept the filing, and they couldnt do anything because its the DA's problem they filed so late. They had no power over when I would have to go to court again or when I would learn of when I had to.

This last Wednesday, the 9th, I received a notice of correction (dated the 3rd of March) from the CHP moving the court appearance to April 22nd.

So my question is: Can I move to dismiss the case for violating the speedy trial statute (CPC #1382)? Or does that not count for me and I'm shit outta luck? Thanks for the help in advance!

**That Guy** · 03-13-2011, 08:38 PM

Quoting sprider

My question involves traffic court in the State of: California

Ok. So I've read around, on this site and others, a bit on being able to dismiss a citation on grounds of violating California's Speedy Trial statute. However, I cant seem to find anything that fits my situation. So heres where I'm at:

I was in a motorcycle accident on Nov 27, '10. Conscious and compliant on scene. The patrolman filled the police report on scene, but never gave me or had me sign a ticket. I never received a ticket in the mail, but on Jan 22, '11, I received a letter from the District Attorney from the county saying I was being cited for crossing the center line. It said I needed to appear at the courthouse on Feb 8th.

So I went on the 8th and stopped at the clerks office to find out what was going on. The DA sent the letter to file at the courthouse the Thursday before, with the courthouse receiving it on Monday, the 7th. So the court clerk said that they didnt accept the filing, and they couldnt do anything because its the DA's problem they filed so late. They had no power over when I would have to go to court again or when I would learn of when I had to.

This last Wednesday, the 9th, I received a notice of correction (dated the 3rd of March) from the CHP moving the court appearance to April 22nd.

So my question is: Can I move to dismiss the case for violating the speedy trial statute (CPC #1382)? Or does that not count for me and I'm shit outta luck? Thanks for the help in advance!

Since you have not entered a plea as of yet, it is premature to claim that your right to a speedy trial has been violated.

As for the statute of limitations, and since this is an infraction, they have 1 full year to file charges against you; in other words, they have until November 27, 2011 to file the citation.