How to Request a Continuance for a California Traffic Ticket

What Is a Continuance? (CVC 40902 and Deadlines)

A continuance is a request to extend the deadline for responding to your traffic ticket — including the deadline to file a Trial by Written Declaration under CVC 40902 (Trial by Written Declaration) — or to postpone a scheduled court appearance. Courts may grant continuances when there is good cause, such as a medical emergency, a scheduling conflict, or the need for additional time to prepare your case.

Requesting a continuance does not change the outcome of your case or imply guilt. It simply gives you more time to respond to the citation, gather evidence, or arrange your schedule for a court appearance.

It is important to request a continuance before your deadline passes. Courts are far more likely to grant a request that is made proactively than one that is made after the due date has already expired.

When to Request a Continuance

There are several situations where requesting a continuance may be appropriate. The key is to have a legitimate reason and to make your request in a timely manner.

• You need more time to gather evidence or prepare your written declaration.
• You have a scheduling conflict with your court date, such as a work obligation or travel.
• You are dealing with a medical issue that prevents you from meeting the deadline.
• You recently hired an attorney and they need time to review your case.
• You need additional time to arrange for the bail deposit payment.

How to Request a Continuance

The process for requesting a continuance varies by court, but there are general steps that apply in most California jurisdictions.

1. Contact the court listed on your citation as early as possible before the deadline.
2. Ask the clerk about the procedure for requesting a continuance in that jurisdiction.
3. Submit a written request if required, explaining your reason for needing additional time.
4. Include your citation number, your name, and the original due date in your request.
5. Follow up to confirm that the continuance was granted and note the new deadline.

Some courts allow you to request a continuance by phone, while others require a written request submitted by mail, fax, or through an online portal. The court clerk can tell you which method is accepted in your jurisdiction.

What to Include in Your Request

When submitting a written request for a continuance, including certain key information can help the court process your request more efficiently.

• Your full name and contact information.
• Your citation number and case number if available.
• The current due date or court date you are asking to extend.
• A brief explanation of why you need additional time.
• The amount of additional time you are requesting, if you have a preference.

What to Expect After Requesting

After you submit your continuance request, the court will review it and either grant or deny the extension. If granted, you will receive a new deadline or court date. If denied, you will need to respond to your citation by the original deadline.

Make sure you receive written confirmation of the new deadline. If you do not hear back from the court, follow up to confirm the status of your request. Do not assume the continuance was granted without confirmation.

If your continuance is granted, use the extra time productively. Gather your evidence, prepare your written declaration, and make sure you are ready to respond before the new deadline arrives.

Learn about California traffic ticket deadlines. California Traffic Ticket Deadlines →

Understand the Trial by Written Declaration process. What Is Trial by Written Declaration? →