CaliDriving
Junior Member
What is the name of your state (only U.S. law)? California
Hello everyone, first post here, and my question deals with hearings, procedures, traffic school, motions... everything except the case's defense, basically
So please bear with me:
I got a ticket for impeding traffic on 11/8/2013. I asked for an appearance extension, and my arraignment has been scheduled to the last week of September 2014.
1. One can take traffic school and "hide" the points for a violation once every 18 months. 18 months between what and what? The violations? Plea dates? Traffic school completion dates? Dates traffic school completions are accepted by the court?
I had been cited for speeding on 3/17/2013, opted to pay the fine and completed traffic court on 5/2/2013. The court accepted and processed the completion by 5/20/2013.
Could I plea guilty at the arraignment and take traffic school because it's been more than 18 months between the previous violation and the arraignment?
Could I ask for a court date at the arraignment that's a month away, and then ask for traffic school if it'd be more than 18 months between last traffic school completion and the court date?
2. Without traffic school, does the point stay on my record for 3 years from the conviction date, or from the violation date?
3. I suppose I have little to loose by filing a discovery request for the officer's notes. I also read about requesting discovery and if it's not responded within 20 days, filing for a motion to preclude testimony or exclude evidence "on account of prosecution's failure to provide discovery". Is this a legitimate motion in CA these days?
4. Considering the above situation, would it matter when I request the discovery? ASAP? After the arraignment?
5. I was surprised by how far the arraignment date was set. When does it become viable to file a motion for dismissal because a speedy trial is not happening?
6. Considering all the above, would it be in my interest to waive time for trial (if asked)? I presume it'd be harder for the officer to testify since it'd be over a year from the violation (especially if an IDR reveals that he had no notes).
Granted, 1 point is not a big deal but I've never had anything but a clean record and I'm inclined to keep it that way if I can help it. Thank you!
Hello everyone, first post here, and my question deals with hearings, procedures, traffic school, motions... everything except the case's defense, basically
So please bear with me:I got a ticket for impeding traffic on 11/8/2013. I asked for an appearance extension, and my arraignment has been scheduled to the last week of September 2014.
1. One can take traffic school and "hide" the points for a violation once every 18 months. 18 months between what and what? The violations? Plea dates? Traffic school completion dates? Dates traffic school completions are accepted by the court?
I had been cited for speeding on 3/17/2013, opted to pay the fine and completed traffic court on 5/2/2013. The court accepted and processed the completion by 5/20/2013.
Could I plea guilty at the arraignment and take traffic school because it's been more than 18 months between the previous violation and the arraignment?
Could I ask for a court date at the arraignment that's a month away, and then ask for traffic school if it'd be more than 18 months between last traffic school completion and the court date?
2. Without traffic school, does the point stay on my record for 3 years from the conviction date, or from the violation date?
3. I suppose I have little to loose by filing a discovery request for the officer's notes. I also read about requesting discovery and if it's not responded within 20 days, filing for a motion to preclude testimony or exclude evidence "on account of prosecution's failure to provide discovery". Is this a legitimate motion in CA these days?
4. Considering the above situation, would it matter when I request the discovery? ASAP? After the arraignment?
5. I was surprised by how far the arraignment date was set. When does it become viable to file a motion for dismissal because a speedy trial is not happening?
6. Considering all the above, would it be in my interest to waive time for trial (if asked)? I presume it'd be harder for the officer to testify since it'd be over a year from the violation (especially if an IDR reveals that he had no notes).
Granted, 1 point is not a big deal but I've never had anything but a clean record and I'm inclined to keep it that way if I can help it. Thank you!