Can my Commander refuse to release me for a DUI court appearance?

UPDATED: Aug 28, 2011

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Can my Commander refuse to release me for a DUI court appearance?

I have court on Monday for a DUI. It is Sunday and I was just informed that since I am doing field training she is not willing to release me for court. I do not want a bench warrant for not appearing, but I also don’t want AWOL for disobeying. I believe the only way the judge will grant a stay of the court date is if I am deployed or on out of state orders. What should I do?

Asked on August 28, 2011 Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is no way you will be given permission by your commanding officer to attend a monday court appearance for driving a motor vehicle under the influence of alcohol or a controlled substance, you need to contact your attorney (assuming you have one) who is representing you in this criminal action and see if he or she can make the appearance for you without your attendance or if you must attend, see if the court appearance can be continued giving the specific reasons for the need.

If you have no attorney representing you in the criminal action, you need to immediately call the court clerk and see what needs to be done to continue this monday's court appearance to a day that you can make it for sure. If you get the continuance, confirm such via an e mail or letter keeping a copy for future need.

If you cannot get the court hearing continued, try one more time with your commanding office for that monday off.

The best way to resolve the issue is to hire an attorney (if you have not already) to make the monday court appearance for you.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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