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?
1 Answer from Attorneys
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.
Related Questions & Answers
I would like to view court exhibits in a criminal case, it was a high profile case... Asked 10/23/13, 11:33 am in United States California Criminal Law
I am trying to help a friend with a complicated legal problem and am looking for... Asked 10/23/13, 11:08 am in United States California Criminal Law
Can I do angermanagement instead of domestic violence classes? Asked 10/23/13, 8:48 am in United States California Criminal Law
Caught with a backpack filled with credit cards, bank account statements,... Asked 10/23/13, 5:11 am in United States California Criminal Law
What happens if you don't wave your rights to a speedy tria Asked 10/22/13, 6:48 pm in United States California Criminal Law