I got a traffic ticket on August 3, 2012, in Orange County, CA. Today I called the Orange County clerk of court and was told the officer has not yet filed the citation with the court. What can I do to get the ticket dismissed?
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I assume I have a right to a speedy trial with 45 days. The court date on the ticket is Sept 27.
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Answer:
Allan Bleakley at Quora Visit the source
Other answers
First, speeding tickets are generally civil infractions and not criminal charges, so your "right to speedy trial" does not attach. Second, even if you did have such a right, the clock doesn't begin ticking on that time until the charges are formally filed and you are arraigned (which you won't be, since this probably isn't a criminal charge). Third, most states allow up to one year for filing of infractions or misdemeanors, so it's entirely possible (though unlikely) that you may not receive a notice of appearance for that long. All of that said, if you want advice on whether or not you can get your ticket dismissed, you should consult with a licensed attorney in your state who can advise you of your rights under the law, not a bunch of random people on an Internet Q&A site. Edit: California does have a "speedy trial" rule for traffic infractions, as pointed out in the comments here. California Penal Code Section 1382(a)(3) notes that you have 30 days from your plea to be brought to trial on the infraction. Keep in mind that this is not from the time of the ticket; in most states the officer has between 90 days and a year to actually file the ticket. Edit #2: CPS 19.7 states that the same filing restrictions that apply to misdemeanors apply to infractions, so the state has up to one full year to file the ticket and begin the overall process.This answer is not a substitute for professional legal advice....
Cliff Gilley
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