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Andrew B. Delaney

Andrew Delaney’s Answers

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  • I am in Vermont and I want to file a continuation for my DUI case.

    I do not yet have an Attorney due to finances. I will have enough money at the end of this month for the retainer fee, is this a good enough reason to file for? I do not know what to put in the letter. I plead Not-Guilty on Sept 24th and my next h...

    Andrew’s Answer

    In general, in Vermont, there's a civil side to most DUIs -- in other words, there are two separate proceedings with different burdens of proof (preponderance of the evidence for the civil-suspension proceeding; beyond a reasonable doubt on the criminal side). If there's a civil-suspension proceeding pending, it's important to note that the 42-day rule has been waived (assuming it has) when filing a motion to continue. It's also helpful to get the State to agree to a continuance before you file the motion. You can call the state's attorney and just ask. There's also a specific form that you can use to file a motion to continue, and there should be a link attached to this answer. Best of luck.

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