Q: Can a not guilty plea be entered without me submitting my citation or not guilty plea, before the 10 day period?
I was pulled over on the 10th for an expired tag, I also don't have a license and was charged with driving on a DUI suspension and recieved the citation in the mail with instructions on how to plea and my options. On the Friday the 15th I received the citation in the mail, I wasn't given anything at the site. On the 16th I got another notice from the magestrate saying they received my not guilty and I have a trial date of August 4th. My issue and question is how did a not guilty plea get entered when my response time to plea is the 20th and I still have the citation and the plea form. I did not talk to the magestrate, go there, call, or do anything at all. Also I wanted the opportunity to see the magestrate because my case doesnt need to go to big court I have suspensions for possession and I have the restoration letter from the DMV so it is a regular driving on a suspended, and I can prove it. My overall question is was my due process violated by this plea being entered without me ??
A: If you received a citation for driving under suspension, DUI-related, the court will automatically schedule a hearing because there is mandatory prison time associated with that section. You really should consult with an attorney in your area prior to your hearing date.
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