My question involves traffic court in the State of California.
Hi guys. I am contesting a traffic infraction case and now I am concerned about my right to a speedy trial.
On January 30, 2014 I requested an arraignment and trial for March 4, 2014. The form I signed says that it is a “REQUEST FOR TRIAL (Not Guilty Plea)”. Also above my signature it says I “. . . intend to plead not guilty . . .”
On February 11, I submitted an Informal Discovery request, according to PC 1054, to the DA with a copy to the LASD station that issued the citation. Having had no response, and fearing I could not delay trial after February 18, 2014 (10 business days before trial), I requested and received a continuance on that date to April 8, 2014. That form says, above my signature, that I understand that “. . . I am waiving my right to a speedy trial to the new trial date . . .”
Having had no reply from the DA’s office on my request for discovery by March 11, 2014 (20 days from the request), I filed a Motion for Discovery with the court.
On March 20, over a month after my request for a new trial date, I received in the mail a form, dated March 18, 2014, from the clerk’s office that said “As to your request for a new trial: Please be advised that the court trial date scheduled for 4/8/14 has been rescheduled for 8/11/14 per officer’s request.” This is a delay of over 4 months! The form gives me that option to contact the court at least 10 days before the new date if I am “unable to comply.” A 4-month delay will require me to go over all this work and research again to be prepared for court and I think that is too much burden; I can forget a lot in 4 months.
PC 1382 says I must have a trial within 45 days of my arraignment. Since I was to be arraigned, and have trial on the same date, where does that leave me? (I am assuming my appearance before the clerk was not an arraignment nor a plea.) Can I now ask for arraignment or can I formally plead not guilty in court or is it too late?
Your assistance will be much appreciated.

