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 People�s motion to dismiss but the court made it�s 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 driver�s 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.
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