Can I get my court date moved for my reckless driving charge in Virginia? Yes.
In Virginia, either an attorney or a defendant may make a continuance request. “Motions to continue” are heard in person at the beginning of the court’s docket. When you show up to court on your scheduled court date, get in line to make your motion to the judge when the judge asks to hear any motions, instead of waiting until your name is called. Some courts allow defendants to make a continuance request before a defendant’s scheduled court date. Each local courts has its own procedures for that. You should speak with your local court court to check their procedures for continuances.
Continuances are granted for good cause. Good reasons include hiring a lawyer, military service, hospitalization, or to get witnesses to court. When a continuance request is granted, your new court date will be scheduled on a future date that the officer is scheduled to appear in court. In Virginia, law enforcement officers are scheduled to be in court once or twice a month and hardly ever miss court (unlike the practice in other states). Even if an officer misses his court appearance, a judge has discretion to continue your case for the officer’s sake. A granted continuance request normally delays your reckless driving trial for a few weeks to a month or two, depending on the officer’s next court dates.
You will want to use continuances sparingly since judges may be unwilling to continue your trial date more than once. It is best to see an attorney way before your scheduled reckless driving trial date, so that you are prepared with the best defenses on the day of court.