How to Get a Continuance in Traffic Court
No one enjoys going to court to answer traffic violation charges. Not going to court when your case is scheduled can result in a warrant being issued for your arrest or the suspension of your driving privileges. Postponing a traffic case is not difficult as long as you follow the rules of the local court. Judges will usually grant a request for a postponement by a party to a traffic case if done correctly and if it is the person's first request.
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Instructions
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Go to the courthouse or call to ask the court clerk to explain the rules for postponements. Some courts are strict and allow postponements only for true emergencies such as sudden illness requiring hospitalization. Other courts have a policy of allowing one adjournment regardless of the reason.
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Make the request for the postponement in person. Courts prefer that requests for postponements be made in person either to the clerk or the judge. If permitted by the rules of the court hearing the case, a person other than the party charged with the traffic violation can make the request, provided she brings with her a letter written and signed by the party who was charged.
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Write a short letter of explanation, if the clerk tells you that letters are permitted. Keep it brief and to the point. The letter must include the name of the case and the case number assigned by the clerk. Include the date on which your case is scheduled to be heard and a brief statement explaining the reason you are unable to be in court. End the letter with a request for a postponement. If there are future dates when you know you will not be able to be in court, advise the judge or clerk in the letter so that the case is not scheduled for one of those dates.
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Include with your letter a stamped, self-addressed postcard so the clerk can notify you of the new date. Not all courts require this, but including the postcard makes it easier for the clerks, and eliminates the possibility of the notice being sent to the wrong address.
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Tips & Warnings
Sending a letter to the court does not mean the court will postpone the case. Letters should be used only in true emergencies.
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