mardi 31 juillet 2018

Traffic Court Issues: Trial De Novo: Set for Next Week: What to Do if Court Were to Deny Continuance

My question involves a traffic ticket from the state of: Cali



A quick court date for my TDN was scheduled, leaving me little time to prepare (No doubt the fast scheduling was done to stymie any discovery angle)

Now my plan is to call court tomorrow (closed now), asking for a continuance. If request were DENIED, what would my next move be (other than immediately mailing my discovery request to DA?)

ANOTHER ISSUE (WITH SUB-ISSUES): My court has TWO judges. One already found me GUILTY (TBD). And one is set to hear my Trial De Novo (This dude always handles CHP tickets issued by cops working out of my chippy's previous field office). As a result, I'm considering filing a Peremptory Challenge (170.6 --NOT for Cause). If I were then assigned to my previous judge, I'd file a Peremptory Challenge (FOR CAUSE).

(a) What would happen (if both PC's were granted), given that no other judges work at that court? Case assigned to another venue? Same day? (BTW, a court close to me does NOT handle traffic infractions. Closest court that does is 100+ miles from my current court).

(b) Suppose I were to ask for a continuance tomorrow. Further suppose that a court clerk were to say she couldn't grant one, but that I could send my request directly to my judge. Would doing so screw up my Peremptory Challenge (NOT FOR CAUSE), since my continuance request might implicitly show my accepting that judge for my case?

(c) For an infraction, can I hand my written PC (NOT FOR CAUSE) to (my current) judge on my Trial De Novo date? Or must I do so earlier? Does an answer depend on whether my court uses a "master-calendar system"?

TYIA :cool:


Traffic Court Issues: Trial De Novo: Set for Next Week: What to Do if Court Were to Deny Continuance

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