Court date is beyond the Statute of Limitations

[asmokindeal]

Arizona.

I have a court date for a photo radar speeding ticket. The statute of limitations in AZ is 120 days. The court date falls on day 125.

Should I just go to the court date and ask that the ticket be dismissed?

Also its 125 days from the incident. Is that when the timeline starts?

Thank you

Rich

 

[racer72]

The statute of limitations is the time you committed the offense and were charged. The 120 day limit you speak of is the time between the violation and when you were notified, not the court date.

 

[JIMinCA]

I don't know Arizona law, but typically the time period you would be talking about would have to do with your right to a speedy trial. That would be the time between arraginment and trial. There is no constitutional garuntee for a "speedy arraignment".

Furthermore, there are usally about a dozen ways you can waive your right to a speedy trial without even knowing it.

I think you need to work on your defense a bit more.

 

[The Occultist]

As a resident of AZ, I must concur with the above posts; your "speedy trial" defense will not work and you will need to find other defenses if you wish to beat the charge. Posting more details of your situation may result in advice in how to accomplish such.