How to Get Your Court Date Moved for a DUI

Being charged with a DUI--driving under the influence--is a serious legal matter. Upon conviction of a DUI, a person faces fines, suspension of a driver's license and jail or even prison time. Consequently, if you are dealing with a DUI, you need to be very deliberate about the manner in which you proceed way in which you approach your case. You do not want to rush through the judicial process. There is an old saying that rushed justice is no justice at all. Therefore, one strategy that you need to understand is how to get your court date moved for a DUI.

Things You'll Need

  • Motion to continue case
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Instructions

    • 1

      Contact the prosecuting attorney in your case and advise that you desire to obtain a continuance of a court date. Provided you have not abused the process of delaying your DUI case, the prosecuting attorney is likely to lodge no objection to your desire to move or delay the court date.

    • 2

      Draft a motion to continue (move) your DUI court date. Include a general reason why you desire a new court date within your motion. For example, you are seeking legal representation or you need more time to research your case. The clerk of the court likely maintains form motions for your use, including one to continue or delay a court date.

    • 3

      Note in your motion that the prosecuting attorney does not object (or agrees) to continuing or moving your court date, if that is the case. Agreement or no objection by the prosecuting attorney to your request usually assures that the court will permit the continuance.

    • 4

      File the motion to continue with the clerk of the court.

    • 5

      Send a copy of the motion to continue to the prosecuting attorney.

Tips & Warnings

  • Even if you face a first-time charge for DUI, seriously consider hiring an experience, qualified DUI attorney. Although you have the right to represent yourself in a DUI case, overall your rights and interests are best protected if you have appropriate legal representation. The local bar association likely maintains a directory of lawyers in different practice areas. Although the organization will not make a specific recommendation, you can identify lawyers who are qualified to represent you in defending your DUI case.

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