Right to a speedy trial in Traffic Court?? PLEASE HELP, TRIAL IS TONIGHT!!

[colt-c]

What is the name of your state? Ohio

Let me explain the situation.

My girlfriend was driving her car in Poland, Ohio heading towards my house. It was approx. 11:30pm 2/26/2006. A Poland police officer was heading in the opposite direction down a four lane road. My girlfriend, Erica, was in the far right lane and there was one other car in the lane to her left and slightly in front of her. She was pulled over and received a ticket for speeding. She decided to go to court and plead not guilty based on the fact that the officer could not accurately clock her while the officer was driving in the opposite direction with traffic in the way.

Court Apperance 1: She goes to traffic court and pleads not guilty and is given a trial date of 3/24/2006. No big deal there.

Court Apperance 2: She shows up for her trial on 3/24/2006 after taking the morning off of work at 9:45am. She sat in the court room until approx 1pm and her name was never called for trial. She got up to speak to the prosecutor to ask them what was going on. The prosec. said that they had misplaced her file and they couldn't find it. The prosec. proceded to call the officer that had issued the ticket to ask them if they had taken the file (that's right the officer had long since left the court). The officer said no. Then the prosec. said that they would have to reschedule the trial because they couldn't find her file. The trial was rescheduled for 5/17/2006.

Court Apperance 3: She shows up for her 2nd trial on 5/17/2006 ready to plead her case again. This time they had her file and they were all set for trial, so we thought. Her name is called and she goes before the judge and he asks how she would like to plea!! She has already done this months ago!! This is supposed to be her trial!! She is stunned and says, not guilty. Then she is rescheduled for trial again for tonight, 6/28/2006!!

Now, my question is, does the right to a speedy trial still pertain to traffic court? If so I think her right has been very much violated!! I went to court with her and they never asked her to waive her right to a speedy trial. Now here it is over three months past her original trial date and this is still going on. ANY HELP ON ANY OF THIS WOULD BE GREATLY APPRECIATED.

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[moburkes]

Originally Posted by colt-c

What is the name of your state? Ohio

Let me explain the situation.

My girlfriend was driving her car in Poland, Ohio heading towards my house. It was approx. 11:30pm 2/26/2006. A Poland police officer was heading in the opposite direction down a four lane road. My girlfriend, Erica, was in the far right lane and there was one other car in the lane to her left and slightly in front of her. She was pulled over and received a ticket for speeding. She decided to go to court and plead not guilty based on the fact that the officer could not accurately clock her while the officer was driving in the opposite direction with traffic in the way.

Court Apperance 1: She goes to traffic court and pleads not guilty and is given a trial date of 3/24/2006. No big deal there.

Court Apperance 2: She shows up for her trial on 3/24/2006 after taking the morning off of work at 9:45am. She sat in the court room until approx 1pm and her name was never called for trial. She got up to speak to the prosecutor to ask them what was going on. The prosec. said that they had misplaced her file and they couldn't find it. The prosec. proceded to call the officer that had issued the ticket to ask them if they had taken the file (that's right the officer had long since left the court). The officer said no. Then the prosec. said that they would have to reschedule the trial because they couldn't find her file. The trial was rescheduled for 5/17/2006.

Court Apperance 3: She shows up for her 2nd trial on 5/17/2006 ready to plead her case again. This time they had her file and they were all set for trial, so we thought. Her name is called and she goes before the judge and he asks how she would like to plea!! She has already done this months ago!! This is supposed to be her trial!! She is stunned and says, not guilty. Then she is rescheduled for trial again for tonight, 6/28/2006!!

Now, my question is, does the right to a speedy trial still pertain to traffic court? If so I think her right has been very much violated!! I went to court with her and they never asked her to waive her right to a speedy trial. Now here it is over three months past her original trial date and this is still going on. ANY HELP ON ANY OF THIS WOULD BE GREATLY APPRECIATED.

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What time frame do you consider speedy?

This is what I found:

Article 1, Section 10 of the Ohio Constitution guarantees all persons accused of criminal offenses the right to a “speedy public trial.” That right has been reinforced by the legislative adoption of:

R.C. 2945.71(C)(2), which mandates that if a person accused of a felony is not brought to trial within 270 days of being charged (with certain exceptions) the charges against him must be dismissed.

[racer72]

Originally Posted by moburkes

What time frame do you consider speedy?

This is what I found:

Article 1, Section 10 of the Ohio Constitution guarantees all persons accused of criminal offenses the right to a “speedy public trial.” That right has been reinforced by the legislative adoption of:

R.C. 2945.71(C)(2), which mandates that if a person accused of a felony is not brought to trial within 270 days of being charged (with certain exceptions) the charges against him must be dismissed.

I would be willing to speculate that the traffic ticket, a misdemeanor virtually everywhere, does not count under this statute and that there is no guarantee of a speedy trial for the ticket.

[moburkes]

Originally Posted by racer72

I would be willing to speculate that the traffic ticket, a misdemeanor virtually everywhere, does not count under this statute and that there is no guarantee of a speedy trial for the ticket.

I was trying to be helpful (And to reinforce to OP that a few months time does not constitute a violation by any means.)

[racer72]

Originally Posted by moburkes

I was trying to be helpful (And to reinforce to OP that a few months time does not constitute a violation by any means.)

I agree and your post reinforces that.

[lwpat]

Even if the speedy trial did apply, she would have had to object when they set the court date. By not objecting you waive your rights.