Speedy Trial Motion

[AngelSong]

I got stopped for speeding in Texas back in January. I pleaded not guilty and sent the ticket in within the 14 days that were required. Yesterday I got a letter from the court saying that a non-jury pre-trial hearing was set for AUGUST! This is a big problem, as I have just graduated from college and will be hundreds of miles away by August!

When I researched Texas penal codes, I found a section about the speedy trial in Article 32 of the criminal procedures. The relevant part says:

Art. 32A.02. Time limitations

Sec. 1. A court shall grant a motion to set aside an indictment,
information, or complaint if the state is not ready for trial[0]
within:

(3) 60 days of the commencement of a criminal action if the
defendant is accused of a misdemeanor punishable by a sentence of
imprisonment for 180 days or less or punishable by a fine only.

Am I reading these statutes correctly? Should I file a motion to dismiss for lack of a speedy trial? If so, how do I go about doing this? Any help would be greatly appreciated.

 

[AngelSong]

Looking at the history, it looks like people don't like to answer 6th amendment questions for some reason. What I really want to know is if I am misreading the law or for some reason it does not apply. Anyone familiar with Texas law in this kind of situation?

 

[keith.e]

Looking at the history, it looks like people don't like to answer 6th amendment questions for some reason. What I really want to know is if I am misreading the law or for some reason it does not apply. Anyone familiar with Texas law in this kind of situation?

Don't take my word for it, but you seem to have a good reason to get the trial dismissed given your circumstances. You got the ticket in January, pled not guilty in January, and your trial is in August? We all know the court system is congested and slow, but that's ridiculous. I think you could at least get it expedited if you could explain your situation to somebody who deals with these issues. Who that somebody would be, I have no clue.

 

[seniorjudge]

I got stopped for speeding in Texas back in January. I pleaded not guilty and sent the ticket in within the 14 days that were required. Yesterday I got a letter from the court saying that a non-jury pre-trial hearing was set for AUGUST! This is a big problem, as I have just graduated from college and will be hundreds of miles away by August!

When I researched Texas penal codes, I found a section about the speedy trial in Article 32 of the criminal procedures. The relevant part says:

Art. 32A.02. Time limitations

Sec. 1. A court shall grant a motion to set aside an indictment,
information, or complaint if the state is not ready for trial[0]
within:

(3) 60 days of the commencement of a criminal action if the
defendant is accused of a misdemeanor punishable by a sentence of
imprisonment for 180 days or less or punishable by a fine only.

Am I reading these statutes correctly? Should I file a motion to dismiss for lack of a speedy trial? If so, how do I go about doing this? Any help would be greatly appreciated.

The speedy trial law does not apply since a traffic ticket is not an indictment, information, or complaint.

 

[AngelSong]

Okay, that makes sense. So is it a waste of time/money to file a speedy trial motion? I am literally going to be 5 hours away from here in August and would really rather not take off a weekday to come make a drive! Also, what is the pre-trial non-jury thing? Does that mean I'm going to have to come here more than once even?

 

[Curt581]

Okay, that makes sense. So is it a waste of time/money to file a speedy trial motion?

Yes.

Also, what is the pre-trial non-jury thing?

It's largely an administrative function. Motions for things like Discovery get filed at that time... It gives both sides a chance to negotiate a resolution... Requests for adjournments or continuances are made... Hearings or jury / bench trials are often scheduled at that time. If you are represented by an attorney, ask him if you need to appear. Most of the time, you won't. He can go for you.

Does that mean I'm going to have to come here more than once even?

If you plan to continue to trial, yes. Maybe several times, depending on the court's calendar, and length of trial.