Speedy Trial Statute Applies to Notice to Appear

**clowe** · 08-12-2009, 12:43 PM

My question involves traffic court in the State of: CA

I was given an "unsafe lane change" ticket May 30, 2009. The original date on the ticket to appear in court was to have been July 15, 2009.

I received in the mail an amended pink form with "Proof of Service" on it (I wasn't personally served) that the "Notice to Appear/Notice to Correct Violation" date has been changed from July 15 to August 14, 2009. Yes, this Friday.

My question is: Will CA Penal Code 1382(a)(3) get this ticket dismissed on the grounds of speedy trial since around 75 days have passed since I was given the ticket?

THANKS!

**EWYLTJ** · 08-12-2009, 05:46 PM

Nope... you get 45 days after you have been arraigned to have your trial. You haven't been araigned yet.

**clowe** · 08-12-2009, 08:56 PM

Thanks, much. I am on the fence about how to proceed. Will repost under another thread as I'm unsure about whether to gamble and try to fight or pay it and move on.

Thanks again!