Q: Hi, I got two violations one for going 70 in a 55 and one for illegal u-turn cop was right behind me.
I have court coming up on Jan 4. The cop filed a motion saying court be continued on the 7th of Jan when he comes back from vacation. that is unfair correct? How is it my fault that on the date the court gave me for a bench trial the officer will be on vacation? The court should have done their due diligence, and if the cop doesn't show up on the bench trial date which is Jan 4 should the case be dismissed. This is McHenry county.
A:
If it’s the state’s first request for a continuance of a bench trial and the motion to continue is supported with a signed affidavit by the officer, the judge will grant the motion.
If those conditions are not met, the judge might deny the motion to continue and dismiss the case.
There’s a very good chance the trial gets continued. You can appear on zoom to save yourself the time of going all the way to the courthouse.
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