Hello, 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!
Hello,
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?
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