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  1. #1
    Join Date
    Mar 2012
    Posts
    8

    Default Motion to Dismiss Warranted

    My question involves a traffic ticket from the state of: California.

    A brief summary of the case:

    04/07/2011 speeding ticket issued by CHP officer for alleged violation of 22349(A) VC

    Requested online payment and court date extensions

    08/16/2011 requested trial by mail and paid $510 file pleading not guilty in a letter with proof of delivery

    Checked online they marked it as a conviction in error, had to drive to the court two times to file a judicial correspondence requesting trial by mail

    10/18/2011 filed request for trial by mail
    03/14/2012 received guilty decision by mail

    Are there any grounds for moving to dismiss this case for the errors or long delays?

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

    Default Re: Motion to Dismiss Warranted

    Quote Quoting borntodeal
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    08/16/2011 requested trial by mail and paid $510 file pleading not guilty in a letter with proof of delivery
    The April date doesn't really count simply because the "delay" between April and August was caused by YOU!


    Quote Quoting borntodeal
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    Checked online they marked it as a conviction in error, had to drive to the court two times to file a judicial correspondence requesting trial by mail

    10/18/2011 filed request for trial by mail
    Who's to say that the court error was the only contributing factor to the delay... But even if it were, the remedy is to properly set the date and continue the case! No harm, no foul!


    Quote Quoting borntodeal
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    03/14/2012 received guilty decision by mail
    There is no law or court rule that specifies that a Trial By Declaration must be adjudicated within a certain amount of time. And as such, there is no prescribed remedy for such a delay!

    Additionally, the ONLY recourse you have if you are dissatisfied with a TBD decision is to request a trial de novo.

    You have 20 calendar days from the date of mailing of the Decision and Notice of Decision (form TR-215) to request a trial de novo!

    Even if you can show an extremely long delay (and one that you did not contribute to), the burden is still upon you to show how your case was prejudiced by the "delay"... Any witnesses that are no longer available? Any evidence that has disappeared or was destroyed? ..etc!

    Without something substantial, you're making a deal out of nothing (and possibly only because you realize there is no winning a 22349 case)!

  3. #3
    Join Date
    Mar 2012
    Posts
    8

    Default Re: Motion to Dismiss Warranted

    I am pleased to get a response (any is great) and that you are 97% right is a boon, thank you. Well then off to trial it is. The clerk said "there is no discovery in traffic cases" is that true?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Motion to Dismiss Warranted

    Quote Quoting borntodeal
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    The clerk said "there is no discovery in traffic cases" is that true?
    Not true if you try!

    Of course you can simply request a copy of the officer's declaration and that will be quicker and more productive!

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