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In addition to that free criminal arrest records florida more preferably than union county north carolina public records search. At and p. At p. On April 6, , the district attorney filed a misdemeanor complaint in the municipal court, charging Ogle with driving under the influence of [4 Cal. The complaint also alleged prior convictions of violation of Vehicle Code section in and When Ogle failed to appear, the municipal court issued a bench warrant and sent a DL form fn.

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On April 12, , Ogle appeared in the municipal court without counsel and pled not guilty to all counts alleged in the complaint; the court recalled the bench warrant. On May 3, the court appointed counsel for Ogle, Ogle again pled not guilty to all counts, and the court set a jury trial for June On May 30, the court granted Ogle's motion for continuance so that he could file a motion to dismiss.

Ogle, 42 years old, was the sole witness at the hearing on the dismissal motion. According to him, for the previous five years, excepting a five- week period of hospitalization, he had lived with his parents and his son at the same address on Aravaca Drive in Paramount, Los Angeles County.

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Reading the police report of the incident did not refresh his recollection. Though the promise to appear form bore his signature, he did not recall signing the form. He did not recall who retrieved his parents' car after it was impounded. He did not appear in court on April 6, , because he was not aware he had been arrested, jailed, released or charged.

Ogle attributed his lack of recall to a twenty-five-year history of drinking, which sometimes resulted in blackouts of two or three days. Under questioning by the court, he acknowledged he would not have remembered the incident the day after it occurred.

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He had been diagnosed as manic- depressive and at the time was treated with lithium. In the two years since the arrest, no police officer came to his house to arrest him; he received no mail from either the municipal court or the Kern County Sheriff's Department. Following an accident in Bellflower on March 7, , he received a citation.

Questioned by the police officers, he told them his correct name and said he did not have a driver's license. After running a check, they told him he had no outstanding warrants. When he went to the Department of Motor Vehicles to have his license reissued, he learned of an outstanding warrant [4 Cal. He then voluntarily appeared in the municipal court. Argument at the municipal court dismissal motion hearing centered on Serna v. Superior Court 40 Cal. Ogle's counsel initially argued the two- year delay created a presumption of prejudice which the prosecutor could not overcome by adequate justification.

The prosecutor appeared to concede the police did not act diligently. But the prosecutor and the court distinguished Serna on the basis Ogle had notice of the charges and was cited to appear in court, but failed to appear. The court found "absolutely no prejudice" and expressed an intention to deny the motion. In an effort to show actual prejudice, Ogle testified as we have noted, after which the court denied the motion.

Added to its earlier points, the court reasoned under Ogle's testimony that he would not have remembered the incident the day after; thus, a timely arrest "wouldn't have made a dime's worth of difference. Argument at the hearing in superior court was similar to that at the motion hearing. The court distinguished Serna on the same basis as the municipal court had done, and focused on prejudice without overtly weighing other factors. Ogle asserts a petition for writ of mandate is necessary because his appellate remedy is inadequate. Real party concedes this point, and we agree.

Serna v. Superior Court, supra, 40 Cal. Because the question to be decided is whether the superior court abused its discretion or exceeded its jurisdiction in granting or denying the petition filed in that court, the review authorized by section In Barker v. Wingo U. The court began by noting:. In addition to the general concern that all accused persons be treated according to decent and fair procedures, there is a societal interest in providing a speedy trial which exists separate from, and at times in opposition to, the interests of the accused.

It is, for example, impossible to determine with precision when the right has been denied. We cannot definitely say how long is too long in a system where justice is supposed to be swift but deliberate. As a consequence, there is no fixed point in the criminal process when the State can put the defendant to the choice of either exercising or waiving the right to a speedy trial. Having made these observations, the court discussed and rejected "two rigid approaches [that] are urged upon us as ways of eliminating some of the uncertainty which courts experience in protecting the right.

The first suggestion is that we hold that the Constitution requires a criminal defendant to be offered a trial within a specified time period. Wingo, supra, U. In rejecting the so-called "demand-waiver doctrine," fn. This rule "places the primary burden on the courts and the prosecutors to assure that cases are brought to trial. We hardly need add that if delay is attributable to the defendant, then his waiver may be given effect under standard waiver doctrine, the demand rule aside. Having rejected rigid approaches, the court opted for "a balancing test, in which the conduct of both the prosecution and the defendant are [sic] weighed.

The court then identified four "of the factors which courts should assess in determining whether a particular defendant has been deprived of his right.

Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant. Until there is some delay which is presumptively prejudicial, there is no necessity for inquiry into the other factors that go into the balance. Here, too, different weights should be assigned to different reasons. Whether and how a defendant asserts his right is closely related to the other factors we have mentioned. The defendant's assertion of his [4 Cal.

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We emphasize that failure to assert the right will make it difficult for a defendant to prove that he was denied a speedy trial. Prejudice, of course, should be assessed in the light of the interests of defendants which the speedy trial right was designed to protect. This Court has identified three such interests: i to prevent oppressive pretrial incarceration; ii to minimize anxiety and concern of the accused; and iii to limit the possibility that the defense will be impaired.

Of these, the most serious is the last, because the inability of a defendant adequately to prepare his case skews the fairness of the entire system. In sum, these factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process. But, because we are dealing with a fundamental right of the accused, this process must be carried out with full recognition that the accused's interest in a speedy trial is specifically affirmed in the Constitution.

The balancing test set out in Barker v.