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  1. #11
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting SandlingAllDay
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    Yes, thank you. Since most traffic infractions are handed to you on the spot, the notice of infraction date and date of infraction were, indeed, the same.


    I am appreciative, but as that covers CA courts, I'm not sure how I can make that apply to WA. The court with jurisdiction is closed at this time.
    Sorry ... I saw Jim's reply mentioning San Luis Obispo and leapt to a conclusion.

    Perhaps this will be of better assistance:

    http://www.courts.wa.gov/index.cfm?f....courtClosures
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #12
    Join Date
    Mar 2013
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    18,156

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting SandlingAllDay
    View Post

    I did get the initial notice with a hearing date. At the closure, I then received a notice that it would he delayed and I'd hear at some point with a new date to appear in court.
    Than all you can do is wait until you get your next notice for the new date. If the new date is beyond the 120 days then you file your motion for dismissal, citing the rule. Keep in mind that when you file a motion with the court you have to serve a copy on the opposing party which, in your case, should be whoever the prosecutor is. He'll have the opportunity to respond saying why your motion shouldn't be granted. In his response he'll cite the law and/or case decisions that support his response and the judge will make a decision to dismiss or not.

  3. #13
    Join Date
    Nov 2009
    Posts
    874

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting SandlingAllDay
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    I will go look for information on how to make that motion for dismissal. (previously I did that at the beginning of my contested hearing. Perhaps mitigating is different?)
    For infraction cases at most traffic courts in Washington State, motions are presented orally just after the case is called. The main exception is in Spokane County, where written motions are required to be filed and served. However Iím a bit concerned about doing a preliminary motion at a mitigation hearing where sometimes there is a magistrate instead of a judge, and where the defendant is essentially admitting to having committed a civil infraction. Also a prosecutor will probably not be present at this type of hearing. Contested hearings are really the best way to go because all options are preserved. If a motion is either denied or not permitted I would ask to switch over to a contested hearing.

    Quote Quoting Jim Kozlovich
    View Post
    This is an interesting question and is certainly not unique to Washington.
    The ABAJOURNAL has an article which discusses this subject: How the coronavirus is upending the criminal justice system

  4. #14
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting searcher99
    View Post
    The ABAJOURNAL has an article which discusses this subject: How the coronavirus is upending the criminal justice system
    Thanks, that was an interesting article. It seems that this is going to be another part of our society that is going to come crashing down if these stay-at-home orders aren't lifted SOON.
    *****
    I may not always be right, but I am never wrong.

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting Jim Kozlovich
    View Post
    Thanks, that was an interesting article. It seems that this is going to be another part of our society that is going to come crashing down if these stay-at-home orders aren't lifted SOON.
    Yep!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #16
    Join Date
    May 2020
    Posts
    6

    Default Re: Speedy Trial and Stay at Home Orders

    Hi Jim,
    Could you please clarify in layman's terms I have a notice to appear for a traffic infringement for 06/01/2020 and received a violation notice stating bail due on the same date, then received a second notice stating the bail was due on the 07/31/2020.
    Firstly If I turn up at the court on Monday to plead not guilty, and it is closed due to social distancing, would I then have the ability to plead for dismissal, per your post, and if so how do I prove I could not plead on that date.
    I believe the second date would have no valid signature to appear then, would that still stand.

    I hope you may be able to spare a few moments to help in this matter.
    Best Regards Dave Hume

  7. #17
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting Hume1234
    View Post
    Hi Jim,
    Could you please clarify in layman's terms I have a notice to appear for a traffic infringement for 06/01/2020 and received a violation notice stating bail due on the same date, then received a second notice stating the bail was due on the 07/31/2020.
    Firstly If I turn up at the court on Monday to plead not guilty, and it is closed due to social distancing, would I then have the ability to plead for dismissal, per your post, and if so how do I prove I could not plead on that date.
    I believe the second date would have no valid signature to appear then, would that still stand.

    I hope you may be able to spare a few moments to help in this matter.
    Best Regards Dave Hume
    Was this ticket in California?
    *****
    I may not always be right, but I am never wrong.

  8. #18
    Join Date
    May 2020
    Posts
    6

    Default Re: Speedy Trial and Stay at Home Orders

    Yes Sir

  9. #19
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting Hume1234
    View Post
    Hi Jim,
    Could you please clarify in layman's terms I have a notice to appear for a traffic infringement for 06/01/2020 and received a violation notice stating bail due on the same date, then received a second notice stating the bail was due on the 07/31/2020.
    Firstly If I turn up at the court on Monday to plead not guilty, and it is closed due to social distancing, would I then have the ability to plead for dismissal, per your post, and if so how do I prove I could not plead on that date.
    I believe the second date would have no valid signature to appear then, would that still stand.

    I hope you may be able to spare a few moments to help in this matter.
    Best Regards Dave Hume
    If I were in your situation, I would do nothing. I would not appear on Monday because I'm sure the court will be closed. If there is any doubt, you can just check the courts website. I would also not appear on July 31 either. The only authority the "Notice to Appear" has is to get you before a magistrate on a specific date.

    Keep in mind that this is an extremely unique situation and I think even the courts arenít sure how they are going to handle many of these cases. Your appearance date has passed and, through the courts own fault, you couldn't appear on the time and date as promised. There was no request by either party for a continuance and there is no promise to appear on July 31 by you.

    If it were me, I would leave the ball in the court's court, and let them figure out how to get me back into court legally.

    Just out of curiosity, what were you cited for and in what county?
    *****
    I may not always be right, but I am never wrong.

  10. #20
    Join Date
    May 2020
    Posts
    6

    Default Re: Speedy Trial and Stay at Home Orders

    i was given a ticket for VC22349a exceeding 65 by pacing I requested the video and have a copy. It was Orange county, their court says partial open and I was going to appear on Monday and hope to be turned away and ask for something stating that.

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