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Old 05-11-2005, 02:22 PM
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Join Date: May 2005
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Right to Speedy Trial Violated?


What is the name of your state? CA

I received a traffic ticket for speeding (by radar) on Feb 3, 2005. On March 21, 2005, I pleaded not guilty, paid the bail and elected to file a request for "Trial by Declaration" online through the court's website. I then submitted the "Trial by Declaration" request through certified mail on April 15, 2005. Today, when i checked the status of my case online, i saw a note stating "failure to appear". I called the court house. They first told me that my case was referred to a collecting agency due to my failure to appear in court. Then, the clerk realized that i have filed a request for "trial by declaration", and she told me to call some other number at the courthouse to have it straighten out.

My question is that, is my right to a speedy trial being violated since it's already been over 45 days since my date of arraignment (3/21/05)? If so, can i request a motion to dismiss my case? How should i proceed to do so? I'd appreciate any advise. Thanks so much.
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Old 05-11-2005, 05:40 PM
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Join Date: May 2003
Posts: 2,607
Quote:
speedy trial
A Trial by Declaration is a trial. What did you think it was? Read the rules.
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