vc22348 (CA) pleading not guilty; question

[johnb3387]

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

Alright, so I have been reading extensively on vc 22348 and on pleading not guilty to this infraction, but I still had a few questions. I have covered various material and some if it seems to contradict other things I have read so I'm looking for a little clarification.

I'm looking to file a motion for dismissal based on the fact that I failed to receive my right to a speedy trial (I received my citation at the end of January, and I just received by notice. If I am correct, this would constitute a violation to my right to a speedy trial and I can file the motion.) If I want to do this I have to appear in court before or on my arraignment date (this I know).

Here is where I'm looking for some clarification...

If the judge denies my request for dismissal, I am wanting to request a trial by written declaration; Question: Can I make this request during the arraignment directly following the denial to my motion? I'd rather first go about trial by written declaration, if I still have that option available after showing up in court and making a motion.

I am then planning on filling a motion for discovery...; Second Question: Am I correct that you can request discovery for a trial by written declaration?


Thank you to everyone who responds...

John

 

[I_Got_Banned]

I'm looking to file a motion for dismissal based on the fact that I failed to receive my right to a speedy trial (I received my citation at the end of January, and I just received by notice. If I am correct, this would constitute a violation to my right to a speedy trial and I can file the motion.) If I want to do this I have to appear in court before or on my arraignment date (this I know).

You right to a speedy trial has not been violated. The clock starts ticking from the date of your arraignment to the date you are scheduled to appear for trial. As long as that is within 45 days then your trial proceeds as scheduled.

If the judge denies my request for dismissal

And he will...

I am wanting to request a trial by written declaration; Question: Can I make this request during the arraignment directly following the denial to my motion? I'd rather first go about trial by written declaration, if I still have that option available after showing up in court and making a motion.

Yes, you can...

I'd rather first go about trial by written declaration, if I still have that option available after showing up in court and making a motion.

Forget about the motion. You have no legal basis for it. What it might do is tick the judge off and trust me, with a 22348, the judge is not gonna be too happy to see you to begin with.

I am then planning on filling a motion for discovery...; Second Question: Am I correct that you can request discovery for a trial by written declaration?

You can request discovery for Trial By Declaration. However, you don't need to file a motion for you to request that. You can do what it referred to as an "Informal Discovery Request" and that would... or I say "should" get you all you need.

Google "Informal Discovery Request" for more info... And why wait until after your arraignment? You can send that in before that... Like now if you want to.

 

[I_Got_Banned]

By the way, and I'm not pocking any fun at you but it is pretty ironic for you to be concerned about the court violating you right to a speedy trial and yet you are gonna be requesting Trial By Declaration. The reason I say this is because when you do the Trial By Declaration, and although you have a deadline by which you'd have to submit your declaration by, the court can take a while before it reviews your case or before it renders a decision. And by a while I mean it will surely be longer than 45 days.

Just though I'd let you know that TBWD takes a while to get through and get a decision.

Sorry to disappoint you as far as the speedy trial thing but you might wanna post the circumstances under which you were cited. Someone might think of a way that might help you defend it. Especially since a 22348 carries a high penalty.