I need someone that can help me according to traffic law.

Well here is the story, I went to court on the 11th of december and plead "not guilty" to my traffic citation. My next court date is the 20th of this month. Now I got the letter in the mail from the District Attorney this is what they say,

"The officer is unavailable to due to a Previously Scheduled Vacation from 12/03/07-1/04/08. The officer will be available after 1/4/08. The 45th day is 1/11/08."

and another paragraph,
"The defendant appears to be unrepresented in this case after checking ICMS. we are requesting to trial to the 45th day or a date convenient to the defandant."

Can I do anything to win the case at this point? can I refuse to extent court date?

 

I guess you have not heard of the new ruling that came out last year? If the officer who gave you the ticket did not attend the trial, then you are not automatically cleared like the old days--they now make you do ANOTHER trial, until that officer shows up and you can then proceed to make your case.

Your biggest mistake was pleading "not guilty". 99.999999% you ARE guilty.

The rule: Just go to court, plead "guilty", take the reduced fine, and be more aware when you drive around.

 

Laws must be fukD in California,

I usually plead not guilty the cop "no shows" and you just ask the judge to drop the case. If the cop doesn't have a good excuse for not being there you a$$ is free to go.

Questions, concerns????

 

It may get to appoint that you can make a case that if they keep delaying it, they are denying your right to a speedy trial.. Not sure how that's gonna work... GOOD LUCK!

 

File your case under CVC 40902, you have the highest chance of winning if you do this.

 

is that trial by declaration?

 

Yes

 

Hmm are you sure about that?
well I was at court, they reschedule my court day for within 45days. but a few people got their cases dismissed and were free to go when I was there.