[B]HELP... 7 month old ticket just notified of court[/B]

[shadowspy]

HELP... 7 month old ticket just notified of court

HELP... 7 month old ticket just notified of court ? In South Carolina, Florence County, I was cited for speeding (82 in a 65). Went to court house and pleaded "Not Guilty" on October 12th 2004. On May 13, 2005 I received notice of Jury Selection on on June 6th 2005. With court date on June 9th, 2005. Also, I didn't request a jury trial.

Question: It has been 7 months since plea. Can I file a motion of dismissal by mail since it has been past 45 days since plea or do I have to wait till court hearing? If so, how can I go about it? Can I get it dismissed at all? Any other suggestions?

Thank you for any information provided

 

[Curt581]

If they're scheduling a jury selection, do you honestly think you could just walk in and have it dismissed?

And no, you can't just mail in a motion. Motions usually require hearings... something a judge is unlikely to grant on short notice.

Why didn't you keep up with what was going on with your case? Most courts schedule a new date at the time of the the most recent hearing. When did they tell you to return when you pled not guilty?

I hope you didn't think you could say, "I'm not guilty", and have that be the end of it.

You've got 27 days to prepare for trial. I hope you're ready

 

[shadowspy]

When I pleaded "NOT GUILTY" I told the judge I was prepared to have it heard that day. The judge informed me that I would be notified by mail when the case would be heard. I didn't hear anything for 7 months. And again, I didn't request a jury trial.

 

[shadowspy]

Can anyone else add some insight to why they can wait 7 months? I am ready for court if the issue is forced. But don't I have a constitutional right for a speedy trial?

 

[teflon_jones]

The court schedule was probably full. Happens all the time. Do you really think 7 months is a long time? A couple of years ago I received a notice for an appearance for a ticket appeal I had filed 5 years before that!

 

[Curt581]

Can anyone else add some insight to why they can wait 7 months? I am ready for court if the issue is forced. But don't I have a constitutional right for a speedy trial?

Reread your post. You're making contradictory statements.

You're ready for trial IF THEY FORCE THE ISSUE... implying that you're not as prepared as you'd like to be...

But you want to know why they waited so long...