Speedy Trial

State: California

Hi,

I had a trial de Nova yesterday. The officer did not had certified documents and hence the trial was moved to a further date. This is the second time the trial was moved. In the first, the officer had training and hence he could not make up for the trial. I have been cited for VC 22350 and it is more than 45 days I requested for trail.

Does this deny my speed trail which I have requested and have not waved it off.?

Can you please let me know my options on this and if I can request for dismissal since I have not been given speed trial. Please let me know the California law code for that.

Thanks,
John

how many days passed between today and the original date of the trial de novo?

Hi HonkingAntelope,

Thanks for the reply. I submitted my Trial de Nova form 42 days before (from today). I think this is the original trial de novo date.
The next Trial date is set at 49 days (after one week from today). Even though I went to the court for each of date set before, it was moved forward because of officer's mistake.

Please let me know if you need any information.

AFAIK, the 45day rule means you have to make your first appearance, not that the case must be completely prosecuted within 45days. Did you make an objection when the judge decided to issue a continuance? The officer had months to prepare for the trail, and normally not even that many judges would put up with it

Hi,

I objected and requested for dismissal. But the judge denied this and told me that it is for good cause the continuance is given. I had no option but to accept this. I have no idea what are the circumstances come under good cause. Can you please let me know if I have any options on this?

Thanks,

You can bet that if you had a witness that could not make it to trial, the court would NOT have continued the case. So, why would they continue the case for a witness for the prosecution who was not there... especially when the prosecution isn't there either!!!!

You have an activist judge on your hands. You are probably going to be found guilty regardless of your actual guilt. The only thing you can do is show up for your trial, demand that the case be dismissed based on your rights to speedy trial and make sure you object for the record to everything improper done by the court... you'll need it for your appeal.

yep, it looks like a stereotypical quack of a judge who only cares for points in the guilty column rather than any semblance of justice. One thing to do RIGHT NOW is to file a motion to allow use of a voice recorder (since a reporter isn't there 99% of the time when traffic matters are heard and any "record" would have to reconstructed as a proposed statement). If the judge tries to whitewash the settled statement, you'll at least have some ammunition if you decided to fight it.

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Quoting HonkingAntelope

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yep, it looks like a stereotypical quack of a judge who only cares for points in the guilty column rather than any semblance of justice. One thing to do RIGHT NOW is to file a motion to allow use of a voice recorder (since a reporter isn't there 99% of the time when traffic matters are heard and any "record" would have to reconstructed as a proposed statement). If the judge tries to whitewash the settled statement, you'll at least have some ammunition if you decided to fight it.

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That's a good idea....

Thanks for the reply Guys. Even I feel that Judge is giving enough time for the prosecution to make sure that I will be found guilty even though they don't have proper documents or even if they are not present in the court hall. Will I have a choice to file peremptory challenge to ask for Jury change?

Thanks

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Hi,

I objected and requested for dismissal. But the judge denied this and told me that it is for good cause the continuance is given. I had no option but to accept this. I have no idea what are the circumstances come under good cause. Can you please let me know if I have any options on this?

Thanks,

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wait, did you already make two appearances for trial de novo just to have the case continued to another date?

I already made two appearances for trial de nova (First time the officer was not present and second time the officer did not get the calibaration record). On both the occasions, the trial was continued to another date. I requested for case dismissal on both the occasion, but it was denied

How solid is your defense to the actual CVC22350 charge? In any case, if you're found guilty and choose to appeal, you'll definitely have a good claim for abuse of discretion. Care to post which county/city and judge this is?

Hi,

I am actually going to argue on Radar and basic speed law defence which I feel might be a good defenses after doing all the research. The county is San Mateo. I feel I should not be including the judge's name in public forum.

Thanks

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Hi,

I am actually going to argue on Radar and basic speed law defence which I feel might be a good defenses after doing all the research. The county is San Mateo. I feel I should not be including the judge's name in public forum.

Thanks

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Why not??? The judge is a public official operating in a public court. He has no expectation of privacy.

I don't understand what you mean by "argue on Radar and basic speed law defence".