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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Question Motion to Dismiss Via Pre-Trial Notice

    My question involves criminal law for the state of: TEXAS, I APPEARED FOR(NOT GUILTY) PLEA BEFORE THE COURT ON 6-13-2012.THE COURT SET MY PRE-TRIAL DATE FOR 6-18-2012. THIS IS A 5 DAY LAPSE IN COURT APPEARANCE. TEXAS CODE OF CRIMINAL PROCUDRE 28.01 SEC 2 STATES ...DEFENDANT SHALL HAVE SUFFICIENT NOTICE OF SUCH HEARING TO ALLOW HIM NOT LESS THAN TEN DAYS IN WHICH TO RAISE OR FILE SUCH PRELIMINARY MATTERS I FILED A MOTION TO DISMISS STATING I DIDN'T HAVE ENOUGH TIME TO PROPERLY PREPARE MY CASE , THERE FOR , I WAS DENIED A FAIR TRIAL. MY MOION WAS DENIED. SO I ASK FOR A JURY TRIAL ON THE MOTION. (THE CASE INVOLVES MY CDL SO IT CANNOT BE NEGOIATED BY THE CITY ATTORNEY.) WHAT AM I MISSING? GOING TO COURT ON 7-18-12

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,092

    Default Re: Motion to Dismiss Via Pre-Trial Notice

    You are charged with what criminal offense?

    (Turn off your caps-lock, please.)

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Motion to Dismiss Via Pre-Trial Notice

    I got a traffic ticket from a city policeman for going 68mph in a 55mph speed zone. The reason I am fighting it ,not only am I not guilty of the ticket, (at pre-trial) since I had a CDL (commerical driver license) the ciity attorney said he could not plea the ticket.

    - - - Updated - - -

    Quote Quoting OOTGG
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    I got a traffic ticket from a city policeman for going 68mph in a 55mph speed zone. The reason I am fighting it ,not only am I not guilty of the ticket, (at pre-trial) since I had a CDL (commerical driver license) the ciity attorney said he could not plea the ticket.
    Where in Texas law does it state "The court can dismiss your motion to dismiss ,if it inadverntally schedules your court date too soon (5 days from plea date)to comply with state law? Art.28.01 sec.2

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