California Speedy Trial Law

[NotaSpeeder]

What is the name of your state? CA

When does the clock start ticking on a Speedy Trial Defense in the State of California? Is it from the date the speeding ticket was issued or from the arraingment date? Also, how many days must past for a speedy trial defense to work?

 

[SMBI]

What is the name of your state? CA

When does the clock start ticking on a Speedy Trial Defense in the State of California? Is it from the date the speeding ticket was issued or from the arraingment date? Also, how many days must past for a speedy trial defense to work?

See California Penal Code 1382(a)(3). Basically it is 45 days from your arraignment (for an infraction), it is not an "automatic" protection ... you would need to file a motion to dismiss if you were not brought to trial within 45 days of your arraignment.

However some care must be taken if you wish to preserve your rights under 1382. There are provisions in the Vehicle Code which allow you to enter your plea and post your bail by mail. Sounds handy, but by doing so the law specifically says that you have waived any rights to a speedy trial. To properly raise a speedy trial defens you will need to enter your plea in person at the court.

Good Luck.