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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default How to File a Motion to Dismiss Based on the Speedy Trial Law

    My question involves traffic court in the State of: California

    I would like to file a motion to dismiss my citation/case (not sure of the term to use here) but I can't seem to find a template or form for this anywhere online. I'm in Santa Barbara and the court website has many forms but nothing like this.

    Background on this:
    - I got a ticket for not stopping at a red light on 9/9/14 (I did stop, but they say I did not stop completely). $490 is the fine!
    - I was was to appear on or before 10/16/14, but was granted an extension until 11/19/14
    - I appeared in traffic court on 11/19/14 and pleaded not guilty
    - Everyone who had pleaded not guilty before me had been told they had 2 weeks to post bail and to return to court on 12/22/14
    - However when they handed me my paperwork it said I had to post bail of $490 today and continuation proceedings were set to 1/22/14
    - I went upstairs to the clerk and told her I didn't have the money today and that the date was past and they must have meant either 12/22/14 or 1/22/15.
    - She left to go find out and came back with my document changed to Post Bail by 12/22/14 and Continuation Proceedings continued to 1/22/15
    - So on 12/22/14 I went back to the clerk and said I wanted to dismiss the case because of the speedy trial law.
    - She said I could file a motion, but couldn't tell me how to do so.
    - I said I'd in that case like to ask for payment arrangements and she said I could come to court on Friday 12/26/14 and ask for that, and/or file the motion.

    So now I'm spending Christmas Eve trying to figure out how to file a motion! Thanks in advance for any leads on where I might find this information!

    Wishing you a Happy Holidays,
    Jinjee

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to File a Motion to Dismiss Based on the Speedy Trial Law

    The clerk is not there to provide legal assistance.
    Your motion would be denied anyhow. 45 days had not run on 12/22. It was only 29 days.
    What have you been doing since your initial appearance? Why have you not been raising the bail in the interim?

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