Legal Question in Criminal Law in California

I appealed my speeding traffic ticket. Under PC Section 1385, the People motioned the appellate court to dismiss the appeal and vacate the conviction. The court granted Peopleís motion to dismiss but the court made itís ruling without prejudice to remain conviction of the speeding ticket and seek remedy in the trial court with Section 1385 or a petition for writ of habeas corpus. The DMV imposes $585 payment of my conviction before it will allow renewal of my driverís license due next month. I was cited by police for speeding over 2 years ago. Under PC Section 1385, can I seek dismissal relief in the trial court for the citation using a time limit statute?

Asked on 10/23/13, 11:51 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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No, the statute has not expired. It is tolled by the fact that a case is still pending against you. The statute of limitations imposes a time limit for the charges to be filed against you, not a time limit to convict you.

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10/24/13, 1:01 pm

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