Re: Speedy Trial: is Motion for Dismissal Possible
I'd like to think that I was part of those discussions, at least the most recent ones and frankly, I do not remember anyone saying "it cannot be used". I thknk the question is more about whether it applies or not, and whether you can successfully argue such motion before the court.
The question in your case is "where was all this when you were notified of your court date back in April?"
How and where did you enter your plea?
And on your arraignment day, were you given any forms to sign, read, acknowledge somehow and turn over to the bailiff or clerk when your case was called?
Did you have to sit there and listen to a video/audio recording of "some important information"?
What I meant by my question about "where was all this...", is this: you were notified of your trial date being beyond the 45 day statutory time limit, you did not object, you accepted it and as a result, that, in my opinion, is interpreted as an "implied waiver of your right to a speedy trial" (as opposed to an expressed waiver).
I think you're being a bit too optimistic if you're assuming that you simply mail a few pages and this whole thing will go away. You will have to file the motion with the court, serve it on all parties (presumably the D.A.'s office) and then appear in court to argue your motion. When filing a typical criminal motion you would follow certain guidelines to set the hearing date to a specific date and then you'd appear to argue your motion. In traffic court, your motion will likely be heard on your trial date. So you're not going to get out of appearing in court.
I think the question is, "how has the delay impacted your ability to defend yourself?". And no, a "I can't appear in court to defend my self because I now have a job" is not likely to work for you!
The effects it is asking you about relate to availability of evidence, testimony of witnesses... etc, not the defendant's ability to be there or not!
If you request a trial, of course you are expected to appear in court, and the fact that you now have a job whereas you did not before, how different would it have been if you were employed at the time?
Lastly, of course if there was the hint of you possible not being able to appear in court simply because you do not want to take any time off, then you should have elected a trial by declaration.
You are, of course, free to file your motion and see what the judge will say. But you're not going to get much without appearing!
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You certainly have the strangest way of explaining things! I have no idea where you get that information from!
I am right 97% of the time... Who cares about the other 4%!