A continuance is defined as an adjournment or postponement of a hearing or trial to a subsequent time. Either party (the prosecution or you as the defendant) may request a continuance.
Initially, should you request a continuance, as an attorney will tell you, it is important to be certain it is done properly and that the court has in fact granted your request for a different court date
To request a continuance, you may contact the clerk of the court, either in person or by telephone. An experienced traffic attorney suggests doing so by registered mail. In this way, you have proof that a request was made. Once the request is made, it is up to the court to either grant your request or to deny it. You should make your request as soon as possible, but at least two weeks before the original trial date as indicated on either the ticket you received or the notice you were mailed.
One reason to request a continuance is if you wish to present a defense. In other words, if you do not believe you are guilty of the traffic violation you were cited for, you may need to gather evidence to prove your innocence to the judge. The evidence you need, such as the police report, may not be available to you before the original court date.
A second reason to request a continuance is quite simply a scheduling conflict. Work, school, or medical issues are legitimate reasons to request a continuance.
A third reason is purely strategic. You may try and get your case continued so as to have a better chance that the officer who cited you will not show up. Typically, the officer who cites you will reserve the original court date to appear. But if it is continued to another date, he or she does not know when that will be and may have a prior duty assignment. It is likely you have a better chance of winning your case if the citing officer does not show up.
There is little downside to requesting a continuance. However, if you request multiple continuances only as a stalling tactic, there may be repercussions. Likely, the officer will realize what you are doing and make certain to appear. The judge will also be aware. Although the court will rule on the merits of your case, as a traffic ticket attorney can attest, the last thing you want to do is have the judge think you were wasting the court’s time and resources.
If you need the legal assistance of an experienced traffic attorney, do not hesitate to contact Dan Matrafajlo today for a free initial consultation.
