Thursday, February 16, 2012

Free Legal Question: Traffic Law | Georgia | I was denied the right to ...

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?

Source: http://www.lawguru.com/legal-questions/-/denied-request-continuance-court-date-635220434/

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