Court 9 Months Late in Processing Traffic Citation

[speeder916]

My question involves traffic court in the State of: California

Court has not processed my traffic citation for 22349(a) in over 9 months. Is there a time limit by which the court must enter/process the citation? I have gone to court and they can not find it. I called the CHP office and the clerk found the citation and said she sent it out. It doesn't seem fair that I have to keep checking with the court for the rest of my life. I can move to have this dismissed after 12 months? Is there a statute of limitations? Can someone give me a specific california statute for this?

Thanks!

[That Guy]

Well, it sounds like you're already aware of the 1 year (12 months) statute of limitations.


Penal Code section 802.
(a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.


Once that passes, they are not likely to bother filing but if they do, it would be pretty simple for you to get it to go.

It doesn't seem fair that I have to keep checking with the court for the rest of my life.

Awwww... Ya poor baby!

All the DRAMA with "for the rest of my life"!

You know a conviction for VC 22349(a) will stay on your record for three years (HINT: INSURANCE PREMIUM)... Alternatively, and in addition to paying the fine, you'd have to pay for and attend traffic school... versus a few phone calls you've had to make...

I think rather than complaining, and with you having been cited for 22349(a) (and without knowing details I can tell you that the odds are severely skewed against you), yes, I am saying it so matter-of-factly that you would have likely been convicted (in less than 2 minutes (personally watched a few trial a couple of weeks ago)) you should be thankful!

With this being an extremely rare break, I know I would be!