45 Days to a Speedy Trial?

I received a Speeding ticket on 9/29/04 in California. I signed the ticket stating that I would appear in court on 11/17/04. I was present on the cited date and time, but the clerk told me that no ticket had been filed with them at this time, and that the officer had a year to submit the ticket. A week later I received a courtesy notice, stating my owed amount and traffic school information.
My question is can I move for dismissal based on the fact that I was present for my date, but the citation was not filed?

[CdwJava]

Originally Posted by Nice Pants

I received a Speeding ticket on 9/29/04 in California. I signed the ticket stating that I would appear in court on 11/17/04. I was present on the cited date and time, but the clerk told me that no ticket had been filed with them at this time, and that the officer had a year to submit the ticket. A week later I received a courtesy notice, stating my owed amount and traffic school information.
My question is can I move for dismissal based on the fact that I was present for my date, but the citation was not filed?

You can make the motion, but the judge or commissioner is not under any obligation to accept it. Since you are not in custody, the usual speedy trial rules do not apply.

Schedule a court date if you want to contest the ticket and bring the issue up. But, expect to have to go to court on it anyway.

If you have no other defense, then you might want to consider traffic school. It is common in CA that if you go to trial, the option of traffic school will be off the table of options once you take the stand at trial - not arraignment, but trial.

Good luck.

- Carl