My question involves a traffic ticket from the state of: California
Speeding ticket trial: Commissioner vs Judge recordings
Hello, I received a speeding ticket back in May CVC 22350. I did a Trial by written Declaration to delay the process, I copy and pasted something from Case Dismissed with Special Ca Strategies. This gave a good 30 days in additional to the extension. Of course the cut and paste effort netted me a Guilty.
On October 7, I went into the Fremont CA court house and the clerk gave me Nov 21,2016 trial date @2pm. This is exactly 45 days from Oct 7th.
1. On the date of the trial, I know the bailiff will have us sign a sheet that allows a commissioner to hear our case. My concern is that with a commissioner the trial won’t be transcribed. Just in case I want to appeal and I can reference the dialogue. If it’s with a real judge, there will be a transcription.
If I don’t sign the sheet, and a judge is not available that day and they have to reschedule, does this hurt my speedy 45 day trial rights…since I’m the one who wants a judge?
For example, let’s say I do get a judge 10 days later, but the officer doesn’t show up. Usually from what I’ve read the judge will likely dismiss the case. But since I already delayed my case on my own to get it in front of a judge, will the judge postpone the case again till the officer can make it.
If I go the commissioner route and the officer doesn’t show up, I can argue that this trial is exactly 45 days from when it was scheduled(Oct 7th).
2. If the judge availability is too far out, can I request any another court house?
3. Before I get sworn in, is their way to find out if the officer showed up?
4. Will the judge be annoyed that I did this?
5. Since the officer is a public servant, can I ask the Fremont police for his schedule to see when he’s on vacation or somewhere else? 11/21 is week of thanks giving, want to know if he will take a holiday.
This is a little off topic,
But what will the police officer bring to the trial. Besides there notes; DO they bring calibration records, engineering surveys, etc