Judge denied continuance, and now what?

[farkomeister]

What is the name of your state (only U.S. law)? WA

I got a speeding ticket, at 10mph over limit. I was unable to attend the hearing due to business work, and so I submitted a formal, written request for continuance well in advance of the hearing - I had not requested any subpoenas or anything else. The court received and processed the request a week before the hearing.

The judge denied the request to continue, on the date of the hearing. One month after the hearing date, I get this notification that I need to pay the fine, as I had been found guilty. This is in a different county 100 miles away, and so I can make only a limited number of trips to the court.

At this point, I want to still contest the hearing, as I made the effort to request continuance and I had a bonafide reason to miss the hearing.

Any advice?What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? WA

I got a speeding ticket, at 10mph over limit. I was unable to attend the hearing due to business work, and so I submitted a formal, written request for continuance well in advance of the hearing - I had not requested any subpoenas or anything else. The court received and processed the request a week before the hearing.

The judge denied the request to continue, on the date of the hearing. One month after the hearing date, I get this notification that I need to pay the fine, as I had been found guilty. This is in a different county 100 miles away, and so I can make only a limited number of trips to the court.

At this point, I want to still contest the hearing, as I made the effort to request continuance and I had a bonafide reason to miss the hearing.

Any advice?What is the name of your state (only U.S. law)?

Yes - You missed your appearance and were found guilty. Pay what you owe.

 

[farkomeister]

Zigniorr ... that is not helpful at all - I didn't need to post here to find that out.

What is the process to appeal? What motions at this point to vacate the committed decision?

 

[Zigner]

Zigniorr ... that is not helpful at all - I didn't need to post here to find that out.

What is the process to appeal? What motions at this point to vacate the committed decision?

Appeal based on what?

 

[farkomeister]

That the motion to continue was denied for no reason, despite the fact that a formal request had been submitted on time.

The appeal would be to reverse the committed finding and request a new hearing date.

 

[Maestro64]

The thing you have to keep in mind is most courts have rules that require both sides must agree to an continuance. Even though you might have made a formal request for a continuance it does not mean it will be granted especially if the other side does not agree to allow it. So a continuance is only granted if both sides agree and the judge feels justice is served by granting the continuance.

The same would hold true of the other side if they asked for a continuance and you object on the ground that justice would not be server or it would put you at a legal disadvantage. Most Judges grant continuances for the prosecutions since the defense (you) do not object, thus waiving your right to a speedy trial

 

[Zigner]

That the motion to continue was denied for no reason, despite the fact that a formal request had been submitted on time.

The appeal would be to reverse the committed finding and request a new hearing date.

Being too busy to be in court isn't a valid basis for a continuance...

 

[20pilot]

That the motion to continue was denied for no reason

What makes you think that the judge HAS to approve the motion or have a good reason for denying it.

 

[20pilot]

Zigniorr ... that is not helpful at all - I didn't need to post here to find that out.

So you have decided what answers you want to hear and nothing else is allowed.

Send the judge a thank you note with the check. In many jurisdictions, possibly in WA as well, the judge could have found you guilty, suspended your license and issued a bench warrant for failure to appear.

Send the money and move on. That is the advise you are receiving.

 

[farkomeister]

Honestly, you guys are completely useless, and this posting has been nothing less than counter-productive. Are you judges and clerks or what?

Instead of providing sound advice on what is the next step, you people provide arguments on why the judge is right, and why I cant do anything. Pay what you owe -- wonderful advice.

Thank you very much. I am so indebted to all of you for your help.

By the way, if anyone else is in this same quandary, you need to file a notice of appeal to reverse the committed finding and to reschedule the hearing. This is what a lawyer would do, and this is the advice an actual lawyer gave me. If that appeal is denied, file a motion to review with the Superior Court.

Good night and good luck.

 

[I_Got_Banned]

Thank you very much. I am so indebted to all of you for your help.

Actually, this site is FREE... You got nothing, you owe nothing!

Isn't that fair?

By the way, if anyone else is in this same quandary, you need to file a notice of appeal to reverse the committed finding and to reschedule the hearing. This is what a lawyer would do, and this is the advice an actual lawyer gave me. If that appeal is denied, file a motion to review with the Superior Court.

And when all is said and done, you'll lose any motions that you filed because the judge does not have to approve a continuance if he sees no valid reason for it.

That means you wasted you "business time", drove to a court that is 100 miles away a couple of times, ticked off a couple of judges and still had to write that check on your way out on your last visit.

Good night and good luck.

Good luck to you... You're gonna need it!

BTW, you still owe nothing!

 

[20pilot]

This is what a lawyer would do, and this is the advice an actual lawyer gave me. If that appeal is denied, file a motion to review with the Superior Court.

The lawyer gave you incomplete information. He did not tell you what else you needed to do to appeal this all the way to the US Supreme Court.

What people here have pointed out, is that you do not have a case and not to waste your and everyone else's time. When you are close to a situation, sometimes the best advise you can get is how it looks form a distance. What you need is someone who can look at the big picture, detached from your wishes, detached from your hopes, detached from your dreams and your emotional attachment and tell you like it is.

 

[Mass_Shyster]

He did not tell you what else you needed to do to appeal this all the way to the US Supreme Court.

Unless there was some constitutional issue, the appeals would end at the Supreme Court of Washington.

His lawyer missed that one too

 

[20pilot]

Unless there was some constitutional issue, the appeals would end at the Supreme Court of Washington.

He sounds like the type who would try and appeal the US Supreme court rejection of cert to the World Court in the Hague.

 

[Mass_Shyster]

He sounds like the type who would try and appeal the US Supreme court rejection of cert to the World Court in the Hague.

And get another speeding ticket on the way