How to Get a Traffic Ticket Court Date Moved
If you received a ticket for a traffic violation and want to change the date on which you are scheduled to appear in court, you can ask the court for a continuance. According to Nolo's Plain-English Law Dictionary, a continuance is "the postponement of a hearing, trial or other scheduled court proceeding." The procedure for doing this varies by jurisdiction, but usually involves contacting the court in writing before your scheduled hearing. A court does not have to change your date, but might if you provide a good reason.
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Instructions
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Determine what court will be handling your case --- a county court, municipal court or state circuit court --- by looking over your traffic ticket and any paperwork you received regarding your court date.
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Call that court's clerk's office and ask if it is possible to get a continuance on a court date for a traffic violation by phone.
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Visit the court's website and search for any guidelines on filing a motion for continuance. Look for printable court-approved forms, examples of motions, and the mailing address or fax number where motions should be sent.
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Create your motion for continuance by filling out the appropriate form or, if there is no specific form, typing up a letter using the format of past motions filed with the court. Include your name, driver's license number, original court date, citation number, reason you need a new court date and any other information the court requires.
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Send your motion along with any documents that support your reason for needing a new court date to the appropriate mailing address or fax number. Do this far enough in advance that it will reach the court before your original court date.
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Go to your original court date if you have not already received a response to your written motion, and ask for a continuance in person by explaining to the judge why you need your court date moved.
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Tips & Warnings
Although a court clerk cannot give you legal advice, such as tips on writing an effective motion for continuance, she should be able to tell you the basic requirements for filing the motion.
Look online or at the library for examples of motions for continuance filed with your court. Legal documents have to meet very specific standards, so use the exact format and language of the examples, except where you are plugging in information about your own case.
Showing that you have a legitimate reason for asking for a new court date can make a court more likely to consent. Provide any relevant documents, such as a work schedule, doctor's letter or proof that you have to be out of town.
Missing a court date can have serious consequences. Attend or send an attorney to your original court date unless you get a written response from the court ahead of time stating that your date has been changed.
Some courts won't consider motions for continuance filed too close to the original court date (including in person at the scheduled hearing). Know your court's guidelines and file as early as possible.
References
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