How to Get a Traffic Court Date Extended

Unless the local rules say otherwise, you do not usually have a right to an extension (called a continuance) of your case in traffic court. If you have been charged with an offense that is punishable by fine only, you do not even have the right to have an attorney represent you in your case. However, even though this is not a right, most judges will grant your request for a continuance anyway, and many will grant a first continuance automatically.

Things You'll Need

• Telephone
• Postage

Instructions

1. Mail part of the ticket back with your requested continuance date, if that is an option listed in the instructions on your traffic ticket. If your ticket doesn't contain instructions, contact the clerk's office in the county where you received the ticket for help.

2. Go to the court clerk's office and obtain a form/motion for continuance if the instructions require you to ask for continuance in person. Make sure you do this as soon as possible.

3. Ask for a continuance at your first court date. Most judges will grant you a continuance as a matter of course if it is your first request. If for some reason the judge wants you to request a continuance in writing, the court will provide a simple form for you to fill out right there in court.

Tips & Warnings

• Always check your local rules. You can find these rules at your local library or on the Internet.

• You should consult with a local attorney before you make any legal decisions.

References

• Thomas A. Mauet, Trial Techniques, Aspen Law & Business (2000)
• Noel M. Gilbert & Cardio v. Visone, 743 So. 2d 909 (1999)
• Schooley v. Kennedy, 712 F.2d 372 (Eighth Cir. 1983)

Resources

• Nolo: Law For All