Can I get my California misdemeanor case thrown out? Drug test hasn't come back, its been over 60 days?

From what I've ready, 60 days is the requirement. I'm pretty sure it has been 60 days, but when does this 60 days start?





I didn't think to ask my public defender, and I'm wondering if I should go back and try to talk with her about it.Can I get my California misdemeanor case thrown out? Drug test hasn't come back, its been over 60 days?
Penal Code section 1382 provides that trial in a misdemeanor case for a defendant not in custody has to commence within 45 days of the defendant's arraignment or entry of a plea, whichever is later. However, that time limit can be exceeded with consent or for good cause. If evidence is still missing, it is very likely that, if this is beyond that 45 day period, there has been a finding of consent or good cause for the delay.





ADD: You can be convicted of violating H%26amp;S 11550 without a blood test, just on the symptoms reported by a police officer. If you told your attorney that you were under the influence of prescribed medication, it is likely that your attorney would want the test results to prove your innocence. If you told your attorney that the test would show the use of illegal drugs, then she might wish to insist upon your statutory speedy trial right. Again, that time limit dates from the day you plead not guilty, and is 45 days.

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