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Re: Donnydogood's Conundrum



Don,
   I believe it is 46 business days not calendar days.  If I am wrong you 
most certainly can request that the ticket be dismissed.  Sometimes the 
Judge or the DA will have a problem with it though so give it a shot and 
good luck.
   By the way was it CHP, sherrif or local PD?


>From: don draper <donnydogood@xxxxxxxx>
>Reply-To: ST@xxxxxxxxxxxxxx
>To: triumph digest <triumph@xxxxxxxxxx>,        Real Sprint Digest 
><RS@xxxxxxxxxxxxxx>
>Subject: Donnydogood's Conundrum
>Date: Thu, 24 Aug 2000 12:19:43 -0700
>

>     The appearance date on the ticket was July 14th and I appeared at
>the courthouse on that date as promised and requested a hearing. The
>court set a date for my hearing on the afternoon of August 29th. I
>waived none of my rights.
>
>     The notice of arraignment and trial date (which I had to sign)
>specifies, among other things, my right to a speedy trial i.e. within
>45 calendar days. I just figured out that Aug. 29th is FORTY-SIX days
>after my appearance date.
>
>     My question obviously is:  Will the allowable period for my
>'right to a speedy trial' have already expired when I appear in
>court? Would it be proper for me to request a dismissal on this
>basis?

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