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  1. #1
    Join Date
    Jul 2005
    Location
    Minnesota
    Posts
    2

    Default How to Object to a Continuance in a Speeding Ticket Case

    Greetings,

    Anyone who can give me any advice would be nice. I sent in a not guilty plea concerning my ticket of 79 in a 65 (Minnesota) and got a response to my letter on July 2nd (Saturday of Fourth of July weekend). They scheduled the court date for July 26th. I sent a detailed letter of Discovery to the DA and Minnesota State Patrol on July 11th. Suspiciously I was notified that the DA requested a continuance on the 15th because "the officer will be on vacation from July 23rd to August 20th".

    Not only does this inconvenience me, it gives them more time to gather the evidence I requested in my discovery request. My trial was reset to August 30th. Since I got the ticket on the 29th of May, do any speedy trial laws pertain? Also, is the DA using the excuse of a "vacation" to get more time to prepare for the case? Does anyone know how I can contest this resetting of the trial date or should I leave it well enough alone? I feel kind of cheated that the officer is on vacation (therefore less likely to show up at court when he was supposed to) and they got a continuance. Where as if I were on vacation, I would be expected to come fully prepared for trial no matter what.

    Thank you for any input,

    CMJDT

  2. #2

    Default

    I suggest that you do some research on the laws of your state. For instance, do you know that discovery is even allowed for traffic citations? Is there a time limit? Was your request in the proper form? If not then they can just ignore your letter.

    Where as if I were on vacation, I would be expected to come fully prepared for trial no matter what.
    Not necessarily true. Each side is usually allowed one continuance without a problem. Speedy trial laws usually do not apply to traffic tickets but there are exceptions so check the laws and rulings in your state. If so you will need to timely file an objection with the court.

    This seems like a dinky ticket for all this trouble. Why don't you call the DA and work out a deal?

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