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  1. #1
    Join Date
    Aug 2011
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    2

    Default Speedy Trial Violation, Ten Month Delay Before Trial Date

    My question involves a traffic ticket from the state of: Southern CA

    Hey everyone, I'm new to the forum and just had a quick question which I'm sure has been asked plenty of times before so please be nice and give me break if I'm re-posting anything.

    I received a ticket on Jan 21, 2011 at 9:00 at night on the 60 freeway for going 80 on my motorcycle. As a note there was no traffic. It's a 22349(A) VC (exceeding 65 mph).

    I waited until my "Appearence Date" which was April 4, 2011 and I went online and scheduled a court date. The Best court date I could get was November 11, 2011, which is nearly 11 months after the date of the violation.

    Isn't this a bit excessive, isn't there something about a speedy trial? Or does that not apply to traffic court, or my situation. Seems like this would be a pretty easy ticket to beat in my opinion.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speedy Trial Violation, Ten Month Delay Before Trial Date

    Quote Quoting chadbaldwin
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    ...please be nice and give me break if I'm re-posting anything.
    No worries!!!

    Quote Quoting chadbaldwin
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    I received a ticket on Jan 21, 2011 at 9:00 at night on the 60 freeway for going 80 on my motorcycle. As a note there was no traffic. It's a 22349(A) VC (exceeding 65 mph).
    The 65 mph limit (and unless posted for a higher limit (typically 70 as an absolute MAXimum)) applies day or night, with or without traffic, on a motorcycle, 3 wheeler, car truck... etc; no ifs, ands or buts....

    Quote Quoting chadbaldwin
    View Post
    I waited until my "Appearence Date" which was April 4, 2011 and I went online and scheduled a court date. The Best court date I could get was November 11, 2011, which is nearly 11 months after the date of the violation.
    That's your arraignment; the court hearing where you enter a plea (guilty, not guilty or no contest).

    Quote Quoting chadbaldwin
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    Isn't this a bit excessive, isn't there something about a speedy trial? Or does that not apply to traffic court, or my situation.
    There certainly is, and it does apply to traffic court, and to your situation... However, the 45 day speedy trial timeline applies to the time between your arraignment (that date that you received 11 months from now) and the date your trial is set for (assuming you enter a plea of "not guilty" at that time). So you're not at that point in the process as of yet.

    Quote Quoting chadbaldwin
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    Seems like this would be a pretty easy ticket to beat in my opinion.
    It might seem so, but its not. The cop is probably thinking "another slam dunk"!

    Hope that was nice enough for you

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Speedy Trial Violation, Ten Month Delay Before Trial Date

    Wow, thanks for the reply! A lot of the information you provided I had a pretty good idea about, I just included the info so it would better clarify the situation. My main concern was with the amount of time between the violation date and the, as you called it, arraignment date (the courts and the ticket both called it my appearance date).

    But you cleared it up for me by saying that the speedy trial right applies to the date between the arraignment and the court date.

    And yes, it was plenty nice thanks for making my first post a good experience. haha.

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