Q: Traffic tickets delayed filing, rights violation inquiry
I received traffic tickets for speeding, no insurance, and no registration in September, but the case wasn't filed until February, three months after my scheduled court date when my case was not on the docket. Records indicate mail was sent, but I received nothing. A police officer did not agree with my assertion of the right to travel. I am concerned these delays and the actions of the police and prosecutor may violate my rights, including my right to fair trial and protections under the supremacy clause. Are there illegal activities being conducted by the cop and prosecutor in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
The significant delay between your September traffic citations and February filing raises procedural concerns that warrant examination. While courts generally allow reasonable time for processing cases, a multi-month delay extending beyond your scheduled court date without proper notification could potentially implicate due process considerations under both California and federal law. The absence of your case from the docket coupled with records indicating mail was sent but never received suggests a possible breakdown in proper procedural notification.
Your mention of a disagreement regarding the "right to travel" with the officer requires context - courts have consistently distinguished between the constitutional right to interstate travel and the regulated privilege of operating motor vehicles on public roadways. This distinction is well-established in case law and does not typically constitute a valid defense against traffic regulations when properly enacted and enforced.
Regarding potential misconduct, the facts as presented suggest procedural irregularities rather than definitively illegal actions by law enforcement or prosecutors. You may wish to file a motion challenging the timeliness of prosecution under California's speedy trial provisions and requesting discovery regarding notification procedures. Additionally, documenting all interactions thoroughly and considering requesting court records about your case through proper channels would establish a clearer timeline of events. We recommend consulting with an attorney experienced in California traffic law who can evaluate these specific circumstances and potential remedies available to you.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
