Re: Abnormal TBD and Dismisal for Speedy Trial
Let us skip the cover letter (and the dates stated on that) for a moment. Does the TBD form you received (Form TR-205 - REQUEST FOR TRIAL BY WRITTEN DECLARATION (Trial by Written Declaration—Traffic) (top of page 1) have a DUE DATE on it?
This certainly is an oddity. There are 2 ways that I have seen it done. It used to be that the defendant must post bail at the time he/she submits his/her declaration (see CVC § 40902)... However, California Court Rules recently (a couple of years ago) were worded in such a way where now the defendant must post bail upon submitting the request for a TBD.
Also, and although I am not clear as to which way you plan on proceeding a TBD or an in court trial), as far as I understand it, the right to a speedy trial (within 45 days from the arraignment date) does not apply during the TBD process. In other words, and assuming you do opt to go with a TBD, the process from the date of entry of plea, until the decision is rendered, will typically take longer than 45 days.
Although that should not, by any means, prevent you from filing a motion to dismiss (on a "speedy trial" issue) if you choose to do so... File it, argue it and let us know what happens.
I am right 97% of the time... Who cares about the other 4%!