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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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Can a court case for drink driving offence that has already

Resolved Question:

Can a court case for drink driving offence that has already been postponed twice by the court, be postponed by the accused due to a recent bereavement, if they feel they couldn't take the stand and confidently defend themselves at the moment?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I'm trying to get this information for a friend. She was breathalysed and found to be over the limit, the day after being out the night before. This was over a year ago, and she has attended court twice. The first time there was no time for her case to be heard, so it was postponed for 6 months, then the second time the police officer didn't turn up.

She has another date for a couple of weeks time, but had a bereavement last week of her significant other, and she is concerned that she just isn't strong enough at the moment to take the stand, which she would like to do, so therefore I was wanting to know if she can ask for a postponement until she feels she can cope with it better.

She is generally a strong articulate woman, but is obviously devastated at the moment with the loss of her partner.

Expert:  Jo C. replied 3 years ago.
Sorry for the delay.
You can always ask a court to move a date. Sometimes they will agree and sometimes not.
However, if she did not attend for this reason, then I am afraid it would not be considered reasonable excuse I'm afraid. You need a really strong medical reason to be absent from court.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
Thank you. That is helpful. If she can't get the date changed, she would of course turn up.
Expert:  Jo C. replied 3 years ago.
No problem.
They may agree if she proves the bereavement.
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