I have a citation, for which I have already requested and obtained discovery from Highway patrol (its a speeding ticket), I have not been arraigned yet, my arraignment is in July. I am willing to post bail and ask for Trial by Dec Here is my question.
When would be the best time for me to file 1385 motion? a) before the arraignment date and request for Trial by Dec, meaning anytime now b) after sending them a bail check and requesting Trial by Dec, meaning in a little time frame between the date Trial by Dec granted and the deadline therefor? I know many would say one cant file such motion, only the judge or DA can. I am aware of that, however one could prompt the court (informally request) to exercise discretion and move to dismiss. Thanks a lot!
You're right you can not file a motion,you can only make a request. Since this is a traffic matter and therefore you are only entitled to a trial before a judge. a 1385 motion is pretty much the same as a finding of not guilty and therefore I see no reason to make it. However, if you are going to do it, the time would be trial when the judge has the evidence before him/her.
What is missing from your story is why would you want to commit to such a tedious project? Do you have enormous amount of free time to study the law, write motions and conduct a hearing? Better to take traffic school because it is a sure outcome whereas fighting the ticket is not a guaranteed result and the judge may then not give you traffic school.
Please don't waste the paper. I don't think a traffic court judge is going to dismiss a ticket because you file a "motion," which would more properly be called an invitation to exercise the court's inherent authority.
True... The defense can invite the court to dismiss a case on its own motion under 1385. I did that recently when I won a motion to suppress evidence and the DA wouldn't make the motion. The judge, in frustration, asked me if I was going to make the motion and I replied that I couldn't... but would stand up and applaud the court's wise decision. The judge chuckled as she asked me to hold the applause, but dismissed the case.
A so called "Romero motion" to dismiss a prior "strike" conviction is also an invitation to exercise the court's 1385 discretion. However, I've never seen a judge grant one without conducting a thorough review of the evidence and giving the DA a chance to respond.
I cannot recommend that you represent yourself. A motion to dismiss in traffic court will be summarily denied. That's what the trial is for. You plead not guilty and set a trial. Hope the cop doesn't show. If he does, ask for traffic school because you're about to lose at that point. Trial by Written Declaration is a waste of time and the fast track to conviction. Schedule a real trial if you're serious. Better yet, hire an attorney who regularly handles traffic matters like Andrew Roberts from Thousand Oaks.
