I did not get to enter my own plea?

[paul79]

What is the name of your state? CA

I have two tickets to deal with

The judge started reading off the first ticket which was 45 in a 25. After he finished I asked the judge if i was eligible for traffic school on the second citation. (90 in a 45). He asked why, "we will get to it soon he replied". I said, "well your honor the reason is if i am or am not eligible for traffic school on the second ticket it will detirmine my plea for the first ticket.

he replied "Well lets just get it over with and i'll enter a plea for you of not guilty and set the court date for bla bla bla"

I replied "your honor I would like to waive my right to a speedy trail and would like to set the date for a later day.

He replied "no, the date will remain for...


what can i do about this? I didn't get a chance to enter my own plea nor did i get a chance waive my right to a speedy trial.

 

[pojo2]

You were too busy playing word games so the Judge entered your plea for you. 90 in a 45 ?

 

[CdwJava]

When you waive your right to a speedy trial it simply means the state has time to set the trial at a much later date. It does mean that they HAVE to set it later on.

Also, I doubt there is any reason that the judge HAS to address a second case that is not yet before the court before they address the first one. You were asked for a plea and you seemingly chose not to enter one. I would reckon to guess if you chose to plead guilty they'd be happy to accept it.

Given the choices of guilty, not guilty, or no contest, what would you have preferred to plea?

- Carl

 

[paul79]

Thanks for replying to my post. I would have liked to plea guilty on the first ticket because i am eligible for traffic school. On the second ticket i was going to plea not guilty. I had two officers envolved on the first ticket. Do they both have to show or only the person with the radar gun?

 

[CdwJava]

Thanks for replying to my post. I would have liked to plea guilty on the first ticket because i am eligible for traffic school. On the second ticket i was going to plea not guilty. I had two officers envolved on the first ticket. Do they both have to show or only the person with the radar gun?

If one officer made the reading and the other did the citation, they would both have to show. if one was simply a rider and the citing officer also observed the violation, then only the one need show.

- Carl

 

[paul79]

cdwjava, i over looked your reply. did you say "It does mean that they HAVE to set it later on". Meaning that the court has to set it for a later date?

 

[CdwJava]

cdwjava, i over looked your reply. did you say "It does mean that they HAVE to set it later on". Meaning that the court has to set it for a later date?

If you waive your right to a speedy trial it just means that the court is no longer under obligation to set the next hearing date within the stautory time period - they can set it as far out as they want (well, within limits).

What it means is that they can essentially set it for next week OR 3 months from now as the law permits. had you NOT waived your right to a speedy trial then the only option would be for a near term court date.

They do not have to delay it if they don't want to.

- Carl

 

[Pugilist]

You're not eligible for TS when you're more than 20 or 25 over the limit (I can't remember which). Since you have nothing to lose, you should plead not guilty on the 90 in a 45 and take it to trial, hope the officer doesn't show up. In case he DOES show up, you should prepare a defense. You can prepare a really good one if he used radar or laser on you. It's called a speed trap defense. Go to library, get book on how to fight your ticket, and read about the speed trap defense.

Likewise on the 45 in a 25, except that if the officer does show up for the trial and you have prepared proof that it was a speed trap (assuming it is a radar or laser ticket), you might want to ask the judge for traffic school right at the beginning of the session.

Pug

 

[paul79]

Thanks everyone for all the advice.

 

[Pugilist]

I just re-read my last post and it's not clear! Sorry. I hope Paul79 is still watching here.

On the 45 in 25 ticket, I meant to say that even though you might have prepared a solid speed trap defense, and could have a good chance of beating the ticket using that defense, you still would have the option to ask for traffic school (at the beginning of the trial session, after you find that the officer has shown up) if you wanted to avoid the stress of facing the officer and the chance that you might lose (and might then be denied traffic school).

Pug