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  1. #1
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    Aug 2009
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    Default Court Date and Speedy Trial Law

    My question involves traffic court in the State of: California.

    I was cited with CVC 22349(a) for going over 65mpg on the highway.

    First is the date to appear in court (on front of ticket), is that the arraignment date? The day where I plea not guilty or guilty? And is the officer required to show up on this date too? And am I likely to get my fine reduced by showing up and pleading guilty?

    Second, for the speedy trial law, Penal Code 1382(a)(3), as I understand, begins after I enter my plea. So if I show up on the court date and contest the ticket, I have to have a trial within 45days? And same thing if I just show up to court to schedule a trial any time before my arraignment date?

    How many days after I enter my plea, is a trial usually set for? Could it be as close as a week away?

    If i contest the ticket, and am still found guilty, do I pay even more money because of added court fees?

    Thanks for taking the time to read all this.

  2. #2
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    Apr 2009
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    SF Bay Area
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    Default Re: Court Date and Speedy Trial Law

    The date on your ticket is the deadline by which you must show up at the clerk's window to pay up or to proceed with contesting the ticket.

    There's really no good reason in rushing ahead with trial. In california, just about everyone gets two shots at contesting a ticket by doing trial by declaration first, and, if found guilty, going ahead with trial de novo.

    No, the officer will not be present at your arraignment if you choose to attend one (asking the clerk for TBD implies entering a plea of not guilty). IMO, traffic arraignments are a waste of time unless you have tough case to beat (sadly, 22349a is) and the local judges are known to give fine/charge reductions for ppl who show up.

  3. #3
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    Aug 2009
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    Default Re: Court Date and Speedy Trial Law

    I don't think I could beat it. But if I do a trial do they charge me even more money for court fees? And if still found guilty at the trial do you think I would still get a reduced fine and the option of traffic school? I just want to know what's the cheapest way for me to go about this. I haven't had a ticket in almost 10 years. Thanks.

  4. #4
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    Default Re: Court Date and Speedy Trial Law

    Am I allowed to schedule a trial so that I can plea bargain with the officer and the judge? Or am I expected to plead not guilty when scheduling a trial? I don't want to waste their time but I really want to ask for a reduced fine because I am seriously broke. I haven't found a job since I got out of the Navy last December. And I still have rent and bills to pay like everyone else.

    Would it be easier to talk to the judge at the arraignment or schedule a trial and ask with the officer present?

    Thank you for replying to my first thread, HonkingAntelope.

  5. #5
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    Default Re: Court Date and Speedy Trial Law

    Quote Quoting Lm847
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    Second, for the speedy trial law, Penal Code 1382(a)(3), as I understand, begins after I enter my plea. So if I show up on the court date and contest the ticket, I have to have a trial within 45days? And same thing if I just show up to court to schedule a trial any time before my arraignment date?
    Yes and yes.

    Quote Quoting Lm847
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    How many days after I enter my plea, is a trial usually set for? Could it be as close as a week away?
    It depends on the court and how busy the traffic division is. Usually, it will be at some point between 30 to 40 days.
    Quote Quoting Lm847
    View Post
    If i contest the ticket, and am still found guilty, do I pay even more money because of added court fees?
    Not in California. The fine amount is set based on the violation regardless of whether you plead guilty versus pleading not guilty and being found guilty after a trial.

    In fact, for your particular citation, and for 1 to 15mph over, the fine is approximately $201; for 16 to 25mph over the limit, the fine is approximately $321 and for 25+mph over the limit, the fine amount is approximately $435.

    Quote Quoting Lm847
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    And if still found guilty at the trial do you think I would still get a reduced fine...
    Not likely but it could happen.

    Quote Quoting Lm847
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    ... and the option of traffic school?
    While a judge cannot refuse your request for traffic school after a trial, he/she is under no obligation to approve your request. Its a chance you might have to take!

    Quote Quoting Lm847
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    Am I allowed to schedule a trial so that I can plea bargain with the officer and the judge? Or am I expected to plead not guilty when scheduling a trial?
    Some judges only want to hear guilty (and they set the fine) others will allow you a minute or two to explain (otherwise referred to as "guilty with an explanation")...

    Quote Quoting Lm847
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    I really want to ask for a reduced fine
    Then you're better off just pleading guilty and asking for a reduced fine. What you might want to do is get to court on time and listen up to the judge to see if he's allowing other to request a reduced fine. Like I said, some judges will, others will not.

    Quote Quoting Lm847
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    Would it be easier to talk to the judge at the arraignment or schedule a trial and ask with the officer present?
    IMO, you have a better shot at your arraignment.

    Good luck.

  6. #6
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    Default Re: Court Date and Speedy Trial Law

    Thank you That Guy for responding so fast. I will be calling on Monday to see if I can have an arraignment earlier, I would love for this to be done before school starts.

  7. #7
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    Default Re: Court Date and Speedy Trial Law

    Well due to financial circumstances I have decided to contest the ticket, if I lose I lose my money anyway. I went to the LA Superior website to look up my citation, and although I did not see a "Contest the ticket" button, there was a "schedule a court date" link. So I clicked that and scheduled for night court (I have school in the day) on Nov 18, 2009 (the only available). My original arrraingmen date was October 1, 2009. Because I scheduled it online, can I still push for a speedy trial dismissal? This will be much over the 45day limit from the date I scheduled it today, 9/4/09, and just over 45days from my original arraignment day. The 45-day limit is not business days only is it? Meaning it counts the weekend days too? Thanks again everyone.

    edit: I'm re-checked it online and this is what it says. Does this mean I only extended my arraignment date? ah..I wish it was more clear online.

    Initial Due Date: 10/01/2009
    Case Status: Court
    Disposition:
    Last Action: Arraignment
    Last Action/
    New Appearance Date: 11/18/2009 in 001

  8. #8
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    Default Re: Court Date and Speedy Trial Law

    The court date you schedulled is your "arraignment" NOT your "trial". When you appear in court on November 18 and if you choose to plead "not guilty" on that date then your court trial must be schedulled within the 45 day statutory period (and typically, it is) otherwise you can move for a dismissal by envoking your right to a speedy trial.

    Keep in mind that if you choose to plead "not guilty" then you must post bail equal to the amount of the fine on the date you enter such a plea.

  9. #9
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    Aug 2009
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    Default Re: Court Date and Speedy Trial Law

    Dang, that's what I was afraid of. The phone number for the court is busy right now, but can I go in today or any day before the new arraignment to schedule a trial and post bail instead of having to go to this arraignment? I actually thought I was taking the initiative to get this over asap, but I only delayed it much longer. Thanks for responding so quick.

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