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  1. #11
    Join Date
    Sep 2011
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    26

    Default Re: Planned Motion to Dismiss

    Quote Quoting quirkyquark
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    Thus, unless the court explained to you your right to a speedy trial AND said something to the effect of: "If you don't object to the trial date we're giving you, you're implying consent to waive your right to a speedy trial", you have not waived your rights.
    I don't remember the judge making this statement at all..

    Quote Quoting quirkyquark
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    or, alternatively, the Traffic Proceedings Bench Guide, a more solid reference:
    Yes, I now remember clearly that the judge did go through all of these procedures, EXCEPT number 6.

    Quote Quoting quirkyquark
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    Since you said your answers are incriminating, you should have asked for a copy of any audio/video recordings in discovery. Anyway, hopefully this is all moot since your case should be dismissed.
    Yeah, I did miss including the recordings in my discovery. But I share your hope of this case being dismissed..

  2. #12
    Join Date
    Sep 2011
    Posts
    26

    Default Re: Planned Motion to Dismiss

    Quote Quoting quirkyquark
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    Actually, please also include the link(s) to your folder -- the attached images are much smaller and harder to read than the originals!
    Sorry for that. Here's the direct url link to all the scanned images: http://profile.imageshack.us/user/m_q/

    Wow, you've figured out all those acronyms that I hadn't given importance until now..

    Quote Quoting quirkyquark
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    So it appears that you have a document, whose original is on file with the court, which shows you DID NOT waive time and the trial was still scheduled past the 45-day limit.
    Yes, I'll definitely give the court a call and ask about the meaning of TW..

    Thanks a lot, quirky! You've been such a big help...

  3. #13
    Join Date
    Sep 2011
    Posts
    26

    Default Re: Planned Motion to Dismiss

    Quote Quoting quirkyquark
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    You may want to give the court a friendly call, without revealing your citation # or other identifying info, and ask exactly what the TW box means....
    Following quirky's advice above, I did call the court yesterday and was able to talk with a clerk. Here's how conversation went:

    Me: Hello, good afternoon! My name is Tomas (I gave a fictitious name). I attended an arraignment hearing few
    weeks ago. I like to ask a question about the traffic docket I received from the court. What does the "TW"
    stand for?

    Clerk: May I have your docket number?

    Me: I'm sorry I could hardly read it. The ink was not so good.

    Clerk: Can I have your license number instead?

    Me: I'm sorry, but I only need to know what TW means?

    Clerk: I can't give you what you're asking for unless you give me your license number!

    Me: I'm sorry ma'm, but I can't give you that. Anyway, thank you for your time.

    This conversation clearly indicates that I won't get the information I wanted so easily. But I was afraid to give her my details lest she might discover the mistake the court has made and reschedule my trial at a new, earlier date. That of course would cause me to lose my privilege to move for dismissal due to lack of a speedy trial.

    I think I'll just go to the court after the 45-day cut-off and ask what to do, citing the lack of a speedy trial.

    Regarding my request for discovery, I have yet to receive any reply from the city attorney and the CHP after a full week.

  4. #14
    Join Date
    Sep 2011
    Posts
    26

    Default Re: Planned Motion to Dismiss

    Good news for me! My case was dismissed!

    Thank you for those who gave good pieces of advice in this forum especially quirkyquark.

    Here's what happened. Shortly after the court proceeding started and the first litigant came forward to defend himself, the court's clerk quietly called some of the defendants including myself, led us out of the courtroom, and delivered the news that our cases were being dismissed. He then handed each one of us a paper entitled "Minute Order" that formalised the dismissals. I have such a big sigh of relief!

    I don't understand though the ground(s) for the dismissal. Under the subheading "Results of the Proceedings", the following numbered items were written in the paper:

    1. Defendant was present.
    2. Citing Officer ___________ was present.
    3. Count 1 CVC 22349(a) I dismissed on reason No Recall by Officer.

    What does item 3 mean, specifically the phrase No Recall by Officer?

  5. #15
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Planned Motion to Dismiss

    Cool! I love mass dismissals. Thanks for reporting back. It helps people to know what does or does not work.

  6. #16
    Join Date
    Sep 2011
    Posts
    26

    Default Re: Planned Motion to Dismiss

    Thanks for the response, Speedy Gonzalez!

    While I am definitely overjoyed for the dismissal, I am still interested to know or understand why my case was dismissed. Can you please enlighten me about the meaning of "No Recall by Officer"?

  7. #17
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Planned Motion to Dismiss

    Specifically that should mean that the officer had no independent recall of the violation. In reality that could mean a number of things. It could mean that the officer called off and said he would not be able to attend and the court just uses that as the generic dismissal reason. Or, the officer reported to the court that he had no independent recollection of the violations. Or, something similar.

    If these were for different officers and all of you received the same generic "no recall ..." reason, I'd say that is the court's default dismissal when the officer is not present or calls off. Or, that is the generic reason that is given by the officer/agency to the court when an officer cannot attend. Either way, it means the same thing a dismissal.

    Hopefully you have since learned to moderate your speed so you do not have to play CHP roulette again.

  8. #18
    Join Date
    Sep 2011
    Posts
    26

    Default Re: Planned Motion to Dismiss

    Thank you cdwjava for your explanation. I sincerely appreciate it.

    What I do not appreciate though is your snide and preachy remark at the end of your note. Your conclusion that I was playing CHP roulette was clearly uncalled for, if not insulting. It is so insensitive especially coming from a Bible-quoting police officer. Your unwarranted, self-righteous judgment doesn't at all reflect the quote that follows your title. You don't know all the facts of my case and I hope you would be more discreet before passing judgment on others whom you barely know.

  9. #19
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Planned Motion to Dismiss

    Quote Quoting M.Q.
    View Post
    What I do not appreciate though is your snide and preachy remark at the end of your note. Your conclusion that I was playing CHP roulette was clearly uncalled for, if not insulting. It is so insensitive especially coming from a Bible-quoting police officer. Your unwarranted, self-righteous judgment doesn't at all reflect the quote that follows your title. You don't know all the facts of my case and I hope you would be more discreet before passing judgment on others whom you barely know.
    Oh get over yourself. You were "caught" doing 85 in 65... And other than a technicality of you not knowing whether you signed a waiver or not, you have offered no reason whatsoever that would suggest that such an egregious error was made by the officer who cited you!

  10. #20
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Planned Motion to Dismiss

    Quote Quoting M.Q.
    View Post
    What I do not appreciate though is your snide and preachy remark at the end of your note. Your conclusion that I was playing CHP roulette was clearly uncalled for, if not insulting. It is so insensitive especially coming from a Bible-quoting police officer. Your unwarranted, self-righteous judgment doesn't at all reflect the quote that follows your title. You don't know all the facts of my case and I hope you would be more discreet before passing judgment on others whom you barely know.
    That was hardly a judgement. One can gamble with speed limits and play "roulette" without being nefarious, and one can do it inadvertently. Sometimes it takes being stopped to be made aware of the practice and often drivers find that they do tend to moderate their speed after being stopped when, perhaps, they did not do so before.

    As for the quote I choose, I suppose we could get into a philosophical discussion of faith, Christ, and issues of chastisement or admonitions against "sin" (or unsafe behavior as it might apply in the case of speed), but that is not something for this board.

    The majority of posters here know they committed an offense, and will even acknowledge that they did, but they come here seeking some miracle cure or technical out. Lucky for them the CVC is written in such a way that there are often multiple avenues for a talented individual to game their way out of the penalty for their action. And, for that, shame on the state for allowing so many loopholes ... or, kudos to them for giving so many opportunities to the devious ... depending on one's point of view. The point being that most posters know they committed the violation and are here seeking an easy "out."

    You are correct - I do not know the facts of your case. Though, I am hard pressed to conceive of a lawful reason you might need to do 85 MPH. If you truly are a person who follows the rules of the road, obeys the speed limits to the best of his ability, and for whatever reason was busted on one of the very rare occasions he has ever exceeded the speed limit by 20+ MPH, then I do apologize. However, as you have offered up no explanation here as to what grievous error was committed by the police, or how you had no choice but to speed to save life and limb, we are left with the most common presumption that you sped, you got caught, and you came here looking for a way out. That's fine. But, no matter the reason, you should always be mindful of your speed and the rules of the road.

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