Right To A Speedy Trial

[hunter77]

What is the name of your state? texas law. i was arraigned for a traffic violation on 10-11-05 and my trial was not set until 1-10-06. according to chap.32 of texas code of criminal procedure, time limitations. the state has only 60 days to be ready for trial. do i have a motion for dismissal due to my right to a speedy trial has been denied?

 

[seniorjudge]

What is the name of your state? texas law. i was arraigned for a traffic violation on 10-11-05 and my trial was not set until 1-10-06. according to chap.32 of texas code of criminal procedure, time limitations. the state has only 60 days to be ready for trial. do i have a motion for dismissal due to my right to a speedy trial has been denied?

Traffic is not covered under the speedy trial law.

In traffic violations, 3.5 months is pretty quick.

 

[racer72]

The right to a speedy trial does not apply to traffic cases, only misdemeanor and felony criminal cases. And even if it did apply, either side can ask for and receive an extension.

 

[Kane]

32.02A was declared unconstitutional in 1987, and repealed by the leg. in June of this year (2005).

Even if it was the law (which it hasn't been, since 1987), it only applied to the prosecutor, not the judge. In other words, it required the state to be ready for trial within 60 days. It didn't require the court to set your case for trial within that time.

 

[marbol]

The right to a speedy trial does not apply to traffic cases, only misdemeanor and felony criminal cases. And even if it did apply, either side can ask for and receive an extension.

In Texas, traffic laws are misdemeanors. There are no "infractions" in Texas. Texans also have the right to a jury trial (and a speedy one) for traffic tickets.

 

[Jack_David]

I concur with Marbol.

That being said I doubt you would be able to get your cased dismissed on the fact that you were denyed a speedy trial, atleast not yet anyways.