Why Would a Continuance Be Issued for a Dui Case in Traffic Court
Can I Get a Continuance for a DUI Disposition Court Date
My State: Oklahoma, USA
My Questions: #1. Can I get a Continuance for a court date that is for Disposition? (DUI case) #2. If I can ask for a Continuance, do I do that in the courtroom the day of Disposition, or do I have to file a motion for a continuance prior to the day of Disposition #3. Am I gonna survive this without an attorney? #4. Can I be thrown in jail at Disposition? Some Details:
I was charged with a DUI 3 months ago. (First offense, and I'm almost 30 years old, and never been in any other type of trouble--except for a DUI 7years ago in a different county of my state and it was reduced to reckless driving.) But as far as the court says, this is my first offense of DUI.The night of this recent DUI 3 months ago--I caused an accident, but fortunately no one was injured. My insurance paid for their car damages.
I took the breath test and blew a .26 and was taken to jail. The next morning, I was bailed out of jail by a relative.
So I was a Pre-Trial Detainee released on bail and was told to appear back before a Judge within the next 3 days.
I did appear 3 days later and was ordered to come back for Call Docket a month later.
At the Call Docket a month later, the Judge told everyone in the courtroom "You have 3 choices: A jury trial, A non-jury trial, and Disposition." I chose Disposition. I dont even know if that was the right choice I made. I wonder if I should have chose a different choice.
Now, I am going to Disposition with no lawyer. I know and am accepting the fact that I will probably get convicted of a DUI charge and probably dui school, VIP panel, fines, community service, and AA classes, etc.
But, I wonder if the court will be angry at me for not having an attorney and could they possibly throw me in jail? (keep in mind that the night I went to jail--I was being somewhat out of hand. I was singing songs really loud in my jail cell and made the cops mad and they said a Judge was on the phone and overheard me being very loud.) So, I was also wondering if the court could hold my bad behavior against me?
I have no attorney, no money and have Disposition this week. I also cant get a public defender because I was bailed out of jail. I need to ask for a Continuance when I appear for Disposition? (so that I can try to find an attorney.) I hear about people getting Continuances all the time, but I dont know if I can at this point of Disposition--which I think is sentancing.
Thank you for any advice.
I also wanted to reiterate the fact that I have no money, and I am unable to work because I am a 24/7 caregiver for a relative and now they cant be left alone for one second. So, I cant afford an attorney, and I cant ever go anywhere anymore. I was hoping the court would take that into consideration as to why I havent hired counsel. I am totally stressing out and have to go to sentancing this week with no attorney. I would have went to some AA classes over the past few months so that the court would see that I am trying, but I cant leave my relative alone for one second. There is no relative or friend who can spend money on me for an attorney. The fear is growing more each second.
I wonder if I should throw myself at the mercy of the court? I have extreme circumstances that prevent me from handling this case properly.
Re: Can I Get a Continuance for a DUI Disposition Court Date
I suggest consulting a criminal defense lawyer.Why would you need a continuance?
Re: Can I Get a Continuance for a DUI Disposition Court Date
Thank you for your reply.I agree to consulting an attorney; although I cant afford to hire one. But also getting their opinions could only help.
I want a Continuance so that I can try to find a lawyer (although it would just be a matter of another month or so before I am back in court again after the period of the Continuance--and still will have no attorney.) So, it would just delay the court, and that is not good. I really need more time to research proceeding with this case pro se, it is just very difficult to get much accomplished with the responsibility I have as a 24/7 caregiver. I cant finish phone conversations, or type on the computer for unlimited amounts of time, etc. I cant even go to the law library.
I need to maybe enter a plea bargain somehow pro se. I have filled out a uniform plea of guilty that I plan to take with me when I go to Disposition. But, I dont know how to enter a plea bargain.
I would like to get it deferred somehow. Yes, DUI is a very serious offense..but I hope the court will take into consideration that I am otherwise a law-abiding, respectful citizen for my 30 years of life.
Re: Can I Get a Continuance for a DUI Disposition Court Date
Hire a lawyer and either have your lawyer request an adjournment or go to court with your lawyer. The court may be reluctant to grant a continuance in the absence of an effort to actually retain counsel. If you don't get a continuance before your court date, go to court as ordered and request one in person.
Re: Can I Get a Continuance for a DUI Disposition Court Date
I was granted a Continuance. Thank you very much for your advice.
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Source: https://www.expertlaw.com/forums/showthread.php?t=34703
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