Legal Question in Traffic Law in Georgia

I was denied the right to request a continuance for my court date for a speeding ticket. The clerk secretary on the phone would not let me even request one, even though Georgia law allows it. They say the county does not issue continuances even though the state law says everyone has an opportunity. I was going to request a continuance due to the fact that I wouldn't have the money by my court date and I was going to show up to pay or compete the ticket. The woman would not allow me to request a continuance, but she claimed to have pushed up the date my ticket payment was due to 7 days following the court date and no penalties would occur against me. I call the day after my court date to make sure, but the woman had put nothing in and I still denied my right to request a continuance. I researched cases about denied continuances and under Chandler v. Fretag that a denied continuance, is a violation of the constitutional right under the fourteenth amendment to hold counsel. Her telling me that I was given more time to pay my ticket did not allow me adequate time to prepare to pay the ticket or defend it with counsel. Her lying and denying my right to request a continuance impeded upon my right to prepare for a case or hold counsel. Can I fight this legally, and sue that county's court for violation of a constitutional right?


Asked on 2/14/12, 3:37 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You are very misinformed. There is NO right to a continuance because you don't have money by the court date. That has nothing to do with preparing for court and nothing to do with hiring counsel. Like other people, you do both BEFORE the court date. Period.

The next time you get a ticket, instead of making up law and arguing with a clerk, hire a lawyer right away.

Incidentally, the case you cited does nothing to support you. It deals with a situation where, ON THE COURT DATE, a defendant was first advised that he was being tried for something more serious than what he thought he was being tried for. In that situation, a continuance is appropriate.

In yours, if the facts as you state them are 100% true, you showed no legal reason for a continuance.

Read more
Answered on 2/14/12, 3:52 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Of course you cannot sue for the violation of a non-existent Constitutional right. Even if there was such a right to a continuance, you have already told us the reason (to get a lawyer) is fabricated. You are well-served by not trying to play lawyer in front of a Judge who will see right through it.

Read more
Answered on 2/14/12, 4:32 pm


Related Questions & Answers

More Traffic Law questions and answers in Georgia