My question involves traffic court in the State of: California
I would like to file a motion to dismiss my citation/case (not sure of the term to use here) but I can't seem to find a template or form for this anywhere online. I'm in Santa Barbara and the court website has many forms but nothing like this.
Background on this:
- I got a ticket for not stopping at a red light on 9/9/14 (I did stop, but they say I did not stop completely). $490 is the fine!
- I was was to appear on or before 10/16/14, but was granted an extension until 11/19/14
- I appeared in traffic court on 11/19/14 and pleaded not guilty
- Everyone who had pleaded not guilty before me had been told they had 2 weeks to post bail and to return to court on 12/22/14
- However when they handed me my paperwork it said I had to post bail of $490 today and continuation proceedings were set to 1/22/14
- I went upstairs to the clerk and told her I didn't have the money today and that the date was past and they must have meant either 12/22/14 or 1/22/15.
- She left to go find out and came back with my document changed to Post Bail by 12/22/14 and Continuation Proceedings continued to 1/22/15
- So on 12/22/14 I went back to the clerk and said I wanted to dismiss the case because of the speedy trial law.
- She said I could file a motion, but couldn't tell me how to do so.
- I said I'd in that case like to ask for payment arrangements and she said I could come to court on Friday 12/26/14 and ask for that, and/or file the motion.
So now I'm spending Christmas Eve trying to figure out how to file a motion! Thanks in advance for any leads on where I might find this information!
Wishing you a Happy Holidays,
Jinjee
I would like to file a motion to dismiss my citation/case (not sure of the term to use here) but I can't seem to find a template or form for this anywhere online. I'm in Santa Barbara and the court website has many forms but nothing like this.
Background on this:
- I got a ticket for not stopping at a red light on 9/9/14 (I did stop, but they say I did not stop completely). $490 is the fine!
- I was was to appear on or before 10/16/14, but was granted an extension until 11/19/14
- I appeared in traffic court on 11/19/14 and pleaded not guilty
- Everyone who had pleaded not guilty before me had been told they had 2 weeks to post bail and to return to court on 12/22/14
- However when they handed me my paperwork it said I had to post bail of $490 today and continuation proceedings were set to 1/22/14
- I went upstairs to the clerk and told her I didn't have the money today and that the date was past and they must have meant either 12/22/14 or 1/22/15.
- She left to go find out and came back with my document changed to Post Bail by 12/22/14 and Continuation Proceedings continued to 1/22/15
- So on 12/22/14 I went back to the clerk and said I wanted to dismiss the case because of the speedy trial law.
- She said I could file a motion, but couldn't tell me how to do so.
- I said I'd in that case like to ask for payment arrangements and she said I could come to court on Friday 12/26/14 and ask for that, and/or file the motion.
So now I'm spending Christmas Eve trying to figure out how to file a motion! Thanks in advance for any leads on where I might find this information!
Wishing you a Happy Holidays,
Jinjee
Motions: How to File a Motion to Dismiss Based on the Speedy Trial Law
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