Thursday, December 8, 2011
Can a speeding ticket be dismissed if the court date is scheduled 47 days after the date of incidence?
I am ready to contest to my speeding ticket. However, I know that Californians have "the right to a speedy trial". In California, a speedy trial is defined as 45 days from the time of the infraction. My court date is scheduled 47 days from the date of my ticket. Because they did not schedule me to appear in court within 45 days, will this argument dismiss my ticket?|||You have to see a judge for that. See a lawyer to see if it will work. I doubt it. He might recommend a bitter law suit if you can afford it.|||stop crying you got caught pay the fine|||Interesting idea, I would call the county cleark and ask, but I feel that it will be explained away. So be prepared with a better defense when you walk into traffic court.|||When you call the courthouse for information, be sure to record the answer, so when you do go to court and ask for a dismissal as the courts 45 day speedy trial date has expired, you can show that you used reasonable effort to obtain further information (discovery) prior to your court date. Try to explain the statute of limitations has exceeded the court assigned limit of 45 days, be respectful, cite the code section that refers to the 45 days, have two copies and present to the judge a copy of the law, (highlight it with a marker), be sincere. Worst case senerio is that you will have to pay the fine. Remember, if you win, your insurance will not know, as they dont count "traffic stops", only convictions and your insurance will not go up, nor will points be assigned to your license. You may get an answer from an attorney that a statute of limitations only applies to a felony. You may want to go to your local library, and search "case law" for a similar case. If you find one, print it out, and present it as an exhibit. Remember too, that there is a quote "only a fool and a lawyer represents themselves". Good luck!|||Is that 47 BUSINESS DAYS or CALENDER DAYS???? I will tell you I think the Judge is going to be very unimpressed with your argument considering only two days difference be careful you don't wind up in the pokey for contempt
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