How do I file a continuance for a pending OMVWI charge and the court hearing being in 5 days, and what are some of the reasons on why I can file that continuance?
1 Answer from Attorneys
You really need to be represented by an experienced criminal attorney any time you are facing a drunk driving charge since these are complex cases and the consequences of conviction are severe. Attorneys who are new to a case are frequently granted a short continuance to investigate defenses in the case, obtain expert witnesses, or negotiate with the prosecution. However, any adjournment (continuance) is granted only at the judge's discretion. The factors which guide the judge's discretion include the age of the case, number of previous adjournment, and the credibility of the attorney who requests it. Persons who can prove that they are attending AA (alcoholics anonymous) meetings and seeking treatment for drinking or drug problems (and who furnish proof of this to the court) are also frequently given time to complete treatment and furnish proof of completion to the court. Successful treatment can sometimes result in a lighter sentence if they are convicted. The observations which I am offering in this public web forum are extremely general and may not apply to your specific case, and do not create any attorney/client relationship between us.