Speedy trial in California

[Pugilist]

What is the name of your state (only U.S. law)? California

Scenario:

Speeding ticket, 11 mph over the limit. Defendant pleads not guilty by mail.
Trial is set for 40th day after court received NG plea and cashed bail check.
Defendant shows up for trial but officer does not. Judge does not dismiss.
Instead, judge sets new trial date two weeks later, over defendant's complaint about lack of speedy trial, inconvenience/expense of having to travel to court again. Defendant has not brought or subpena'd witnesses.

Question posed:

Is judge correct? If so, why?

Pug

 

[Hey There]

A start

Pug:

When a trial date is set MORE than 45 days after arraignment or a plea, a Motion to dismiss should be filed per CA. Penal Code 1382.
(It's 30 days IF the defendant is in jail.)
The pertinent section follows:
Regardless of when the complaint is filed, when a defendant in
a misdemeanor or infraction case is not brought to trial within 30
days after he or she is arraigned or enters his or her plea,whichever occurs later, if the defendant is in custody at the time of
arraignment or plea, whichever occurs later, or in all other cases, within 45 days after the defendant's arraignment or entry of the plea, whichever occurs later,
The motion to dismiss is explained and a sample is given in a book published by NOLO on fighting tickets in CA.and is likely available at a local library. The motion to dismiss is prepared by the driver and is mailed certified , return receipt by a FRIEND who signs a proof of service and gives it to the driver to keep in his records.
*********************************************************
If the cited driver mails in his plea he waives his right to a speedy trial.b) Any person who has received a written notice to appear may, prior to the time at which the person is required to appear, plead not guilty in writing in lieu of appearing in person***********Any person using this procedure shall be deemed to have waived the right to be tried within the statutory period.

In order to retain the right to a speedy trial the cited driver MUST appear at arraignment.
(Source:V.C. Section 40519)

If the officer fails to show up at trial the cited driver can request dismissal "due to lack of prosecution". This request is usually granted unless the officer has a valid reason not to be there.

A driver can also request Discovery in CA. ideally shortly after receiving his citation. The driver requests a copy of the officer's notes ,a video if one was made, a copy of the front and back of the officer's ticket and information on the method used to determine speed. A friend mails the copies certified, return receipt to the District Attorney and the officer who issued the citation. The friend signs a proof of service and gives this to the driver.
Help! I Got A Ticket! has forms and instructions on Discovery as well as information on contesting a traffic ticket in CA. The form for the D.A. can be modified to send the request to the citing officer or a form can be copied from the back of the book published by NOLO .

A driver can also ask for a continuance for a trial date and can request a different judge (Peremtory Challenge)
Googleeremptory Challenge (CCP 170.6for sample forms
or copy one from the back of the book published by NOLO.

What was the Vehicle Code violation you were cited for?

Best Regards,
Hey There