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l2ecl · May 13, 2010, 01:43 PM

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?

Fr_Chuck · May 13, 2010, 03:28 PM

Yes, you show up for court and make that motion

l2ecl · May 13, 2010, 10:57 PM

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?

l2ecl · May 15, 2010, 12:30 PM

A little help please?

Fr_Chuck · May 15, 2010, 02:33 PM

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

AK lawyer · May 15, 2010, 09:09 PM

Originally Posted by l2ecl

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

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

“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,
…”

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.

successhelper · Jun 5, 2010, 11:28 PM

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

Andre626 · Nov 15, 2011, 01:40 AM

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