Chapter 11b motion and then pleading guilty

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Joined: Sun May 09, 2010 5:22 pm

Chapter 11b motion and then pleading guilty

by: iiordanov on
Sun May 09, 2010 5:54 pm


I have a parking ticket that I have a court date for. The court date is 14 months after the ticket was issued. The parking ticket was issued to me while I was in the car comforting my son in the rear seat (he was crying very loudly, and I stopped to check on him, at which point a parking officer issued the ticket from behind the car - hidden from view).

I was wondering whether it is possible to submit a Chapter 11b motion claiming that my right to a speedy trial has been violated, and if the motion is denied (because the justice decides so), can I then go ahead and plead guilty and explain my case?

The two problems that I see with this tactic are:

1) Doesn't the Chapter 11b motion presuppose that I intend to fight the ticket? Aren't I saying that I can't prepare a proper defence for myself because of unreasonable delay, and hence insisting that I am not guilty?

2) When I submit a Chapter 11b motion, I am saying that it's been too long to prepare a defence. However, if I intend to plead guilty explain my case, am I not contradicting myself in that I am explaining the circumstances, but a few minutes previously claimed that I don't remember them well?

Thanks for everyone's input in advance!
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