Legal Question in Traffic Law in California
Violation Date - Speedy Trial & Arraignment rights
The date the officer wrote on the ticket was 3-02-03 with an appearance date of 4-9-07. I received in the mail a �notice of correction� only signed by the officer dated 3-3-07 and mailed to me on 3-26-07 which states that the date should be 3-2-07.
The issuing officer should not be able to change the date � that should be a stipulation.
Am I correct to assume that when I go to trial next week I should ask the officer if he has any independent verification of the date that my citation was issued? If he has no signed statement from a separate individual from the CHP that verifies the actual date of the citation, then not only can I question the officer�s judgment, but also the date it was issued?
I could then suggest that the citation could have been issued on 3-2-03 or more likely was issued on 3 or perhaps 4-02-06 and since the ticket was not in the system until after 3-26-07, I was denied a right to a speedy arraignment (within 9 months) or a speedy trial? OR is a dismissal on those grounds a separate motion and cannot be done at trial.
Since I signed the ticket with the date of 3-2-03, and I suggest any different date than that, does that interfere with my credibility?
1 Answer from Attorneys
Re: Violation Date - Speedy Trial & Arraignment rights
Check with "How to Fight Your Traffic Ticket" Nolo press.
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