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    hunter77's Avatar
    hunter77 Posts: 1, Reputation: 1
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    #1

    Dec 27, 2005, 05:57 AM
    Right To A Speedy Trial
    Is It Not True That I Have Grounds For Dismissal Of A Traffic Citation If The Time Between Arraignment And Trial Date Has Exceeded 60 Days? My Grounds Come From Texas Code Of Criminal Procedure-chapter 32, Article 32a.02 Time Limitations
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Dec 27, 2005, 06:45 AM
    Quote Originally Posted by hunter77
    Is It Not True That I Have Grounds For Dismissal Of A Traffic Citation If The Time Between Arraignment And Trial Date Has Exceeded 60 Days? My Grounds Come From Texas Code Of Criminal Procedure-chapter 32, Article 32a.02 Time Limitations
    Here's the section:
    http://www.capitol.state.tx.us/statu....000032.00.htm

    This refers to a criminal action. Further, it calls for the indictment to be "set aside", which I am not sure is the same thing as a "dismissal".

    Finally, it may be that the definition of "ready for trial" comes into play here.

    In short, I don't think you can cite 32a.02 as grounds for dismissal.

    You are wise, though, to continue reading. You may find good info to bring up on the court date that could sway the judge or referee to throw it out (dismiss it).

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