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et412

Junior Member
What is the name of your state?What is the name of your state? California

This is kind of long. Please bear with me...

On February 3, 2005, I received a speeding ticket in California. I tried to fight it through Trial by Declaration. The initial TBD due date set by the court was April 20, 2005. I made my plea, paid the bail in full and sent in my TBD through certified mail before the due date on April 18, 2005. (I actually received a signed receipt from the court for proof). About two weeks later, I received a letter from the court saying that my bail amount was raised and my case had been referred to a collecting agency because they thought I failed to show in court. I called the court and the staff told me they have to “find my case” and could not tell me anything. I later found out from the court website that the court has now rescheduled my TBD due date to July 1, 2005. I called the court again, and the staff basically told me that they may have “misplaced” my initial TBD.

As I understand, according to California Penal Code Section 1382, the court has to dismiss a case if it is not brought to trial within 45 days after the defendant’s arraignment or entry of the plea, whichever occurs later. In my case, I made my plea on March 21, 2005, so the trial should be brought on or before May 5, 2005 in order not to violate my right to speedy trial. However, because the court “misplaced” my initial TBD, my case was not review until July 2005, which is at least 101 days later.

My questions are:
1) Does “right to speedy trial” works the same way for trial by declaration?
2) Is my right to speedy trial violated?
3) If yes, how do I proceed to file a motion to dismiss the case?

Any advice will be greatly appreciated. Thanks.
 


racer72

Senior Member
Traffic tickets are considered a civil violation, not a criminal violation and the right to a speedy trial does not apply.
 

Pugilist

Member
Arghh... this traffic ticket not a criminal matter baloney again! (Last week it was I Am Always Liable saying it in the thread "Question from California.")

In CA a traffic ticket is a criminal matter and the 45 day limit applies.

Now as to whether it applies to a TBD, I dunno for sure, but I would think so.

In any case you are gonna need to go to court and straighten the mess out. First, you will probably need to make a motion to re-open the case. Then, once it is open, make a motion for dismissal, lack of speedy trial.

Pug
 

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