How do I proceed getting a motion for dismissal on the grounds that I did not have a speed trial? I live in CA.

I received a traffic ticket but the court did not get a copy of the infraction within 45 days. I get a courtesy notice that states I have to take care of the case next month, but it has been more than 2 months since the infraction. I'm looking to cite Penal Code 1382(a)(3)

Focus: How to motion for dismissal? Do I show up in court plead not guilty and then request the motion? Do I show up on the date on the ticket or anytime in between?

Yes, you show up for court and make that motion

Do I need to make a plea first? And I assume its not guilty?
If its denied can I then change my plea to no contest and ask for community service?

A little help please?

It is up to the judge, normally you will file the motion with the court when it is heard, before making a plea and let them rule on that. Then you make the plea if they require it first or if your motion is denied

Quote:

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Originally Posted by l2ecl

... I'm looking to cite Penal Code 1382(a)(3)...

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If you're looking to cite it, you had best read it first, and not some legal forum's summary of it:

Quote:

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“1382. (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:
…
(3) Regardless of when the complaint is filed, when
• a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later,
• if the defendant is in custody at the time of arraignment or plea, whichever occurs later, or
• in all other cases, within 45 days after the defendant's arraignment or entry of the plea, whichever occurs later,
…”

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CA Codes (pen:1381-1388)

I honestly don't think this particular sub-section of the Penal Code is going to help you. As I understand what you are saying, you haven't been arraigned or entered a plea. So the 45 days hasn't started running.

l2ecl, I hope it's not too late for you to get this info, but I think this is exactly what you may be looking for: http://bit.ly/CAticket

There is a really good lawyer that handled all my speeding tickets for going 15-20mph over the speed limit and he has got them all dismissed for me. I got three in a period of 3months this year. Maybe I should slow it down a bit... Anyhow his name is Attorney Anthony Nehme. Best attorney for these matters. I don't even have to appear in court and he's affordable.

255 South Grand Avenue, Suite 205B
Los Angeles, CA 90012
E -mail: [email protected]
Phone: +1-310-571-5077