My wife received a traffic ticket (speeding) in 10/06. She showed up on the court date and was told the ticket was not in their computer system. The clerk stamped the ticket, wrote "not in system" on the back, signed it and sent her on her way. She was told she would get something in the mail. Again, this was in 2006.
Nothing ever came in the mail.
Just yesterday (2/21/2008) we received a notice in the mail for payment of the ticket, and a new charge of failure to appear. In all, about $500.00.
I spoke with the court clerks office who acknowleged there was a glitch in their system around that time. She said the only way to fix it would be to appear in court.
I've read elsewhere on this (great) forum about California PC 1382(a)(3). This code requires dismissal of infraction cases if not brought to trial within 45 days.
I learned from the clerk that the ticket was not put into their computer system untill 12/6/06, or 58 days after the ticket.
I'm thinking the 45 day rule (cited above) would apply here. However, it does say (paraphrasing) "...45 days from when you enter a plea or are arraigned...". Neither apply in this case. No trial or arraignment were ever held, and certainly not within 45 days.
Does my arguement hold water? Is there a statute of limitations on the charges? Any other arguments we should make?
Thank you!!
Chris

