question about court proceedings

[farvaszx6r]

In need of advice (California traffic court)

I received a ticket for toll evasion from chp in November of 2014 I went to court on 2-13-15 pled not guilty and was given a court date of 3-19-15 I did not waive my right to a speedy trial*

The next day I seen a request for discovery to both the city attorney's office and the chp certified mail both have ignored me thus far but I did get the confirmation letter back

On 2-28-15 I receive a letter from the chp requesting a continuance for a date after 4-1-15(after the 45 day period for a speedy trial) because the officer is on vacation and won't be able to appear

My question is since I did not waive my right to a speedy trial and I have not received discovery can I force the court to have the trial on 3-19-15 and if so can i motion the court to dismiss based on lack of discovery and lack of evidence

 

[army judge]

You can't force the court to do anything.
You can petition the court to dismiss for lack of a speedy trial.
If things are as you say, I suspect you'll prevail.

 

[farvaszx6r]

Should I wait until the court date to petition the court or file a petition as soon as possible

thanks for the advice

 

[disagreeable]

In CA, the speedy trial statute starts from the date of your initial court date where you plead not guilty. Your trial has started in CA as soon as the judge has devoted attention to your case in a significant way. Hearing the motion to change the court date was significant, so your right was not violated.

 

[farvaszx6r]

The prosecution requested a date of continuing that is out side the 45 day window does that mean that when they filed that motion the 45 day rule was satisfied and in theory they can take as long as they want to come to court