Re: 80 in a 65 Us50 East. Tagged by Aircraft. Any Advice
And failure to do so somehow makes it the judge's failure? (your first post)
And it makes the judge more interested in making money for the state than following the law? (Which law is it that dictates that a judge has to hand the defendant a dismissal if a witness does not show up? And shame on him for not handing away the rights of the people of the state of California on the account of this one defendant!
You're leaving out the fact that the defendant already waived time... Meaning he's agreed to the delay... And to return to court to request that his case be scheduled on the motion calendar (for traffic court?? Really???) so he can argue a motion to dismiss for lack of prosecution will not succeed, not by a long shot. When you waive time, you also waive the right to argue against a time delay.
Realistically, he can go back to court, withdraw his waiver, and the court will have to schedule his trial within the next 10 days, but since he's not likely to get to appear before the court anytime between now and his trial date, his withdrawing his waiver and requesting a trial date within the next 10 days would be a moot point to try and make on his trial date!
If the officer doesn't show up then, sure, go through the steps to do that, or better yet, simply say "this is the second continuance and I move for a dismissal" and you'll likely get one regardless of how "money hungry" that judge might be!
I'd take a wild guess and say one of them won't show up again, and if so, its a matter of going through the steps leading to a freebie!
I am right 97% of the time... Who cares about the other 4%!