Mendoza

Mendoza v. Superior Court

Good Law
Court of Appeal of CaliforniaJuly 15, 2024A170135California2,767 words

Opinion

Opinion

BACKGROUND

In a misdemeanor complaint filed on October 14, 2021, petitioner was charged with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood alcohol content of 0.08 percent or more (Veh. Code, § 23152, subd. (b)), and a traffic infraction (Veh. Code, § 24250), along with allegations associated with the first two charges relating to petitioner’s blood alcohol content (Veh. Code, §§ 23538, subd. (b)(2), 23578)). On February 7, 2023, petitioner withdrew her general time waiver and requested a speedy trial. The court set March 9, 2023 as the last day for trial. On March 9, 2023, the superior court continued petitioner’s trial to June 9, 2023, three months past the statutory deadline, as part of a “batch” of trial continuances that were supported by a standard order finding good cause for the continuance due to the

2 COVID-19 pandemic. Petitioner objected. The trial was later continued to August 8, 2023, although the court did not explain the reason for the continuance and made no finding of good cause. On August 8, 2023, the court denied petitioner’s motion to dismiss “for the reasons stated in the written order.” The matter was continued…

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