what steps can you take to help in a dui case

The court process for a misdemeanor DUI may include the following 3 stages:

• Stage 1 = The Arraignment
• Stage 2 = The Pretrial Briefing
• Stage iii = DUI Trial

Watch this video to learn what happens at each stage of the procedure.

By clicking on the links below you can skip to the department your virtually interested in reading.

Stage one in The Misdemeanor DUI Court Procedure Is Arraignment

The commencement court appearance for your DUI is the arraignment. Formally, an arraignment is where the charges against you are read in open courtroom so y'all are asked to enter a plea.

Do You Plead Guilty or Not Guilty At Arraignment?

The main purpose of this proceeding is for y'all to enter a plea of guilty, nolo contendre or not guilty.

Your lawyer will typically ask the court to waive the reading of the complaint confronting you and enter your plea of not guilty. If you are present, the court will also suggest you of your constitutional rights.

What Are Your Ramble Rights?

• Right to exist represented by an attorney
• If you cannot afford ane, the court will appoint a public defender to represent you lot¹
• Right to non incriminate yourself and to remain silent²
• Right to a speedy trial ((Serna 5. Superior Courtroom(1985) 40 Cal.3d 239))
• Correct to a jury trial
• Right to confront and cross-examine witnesses

Do You Need To Post Bail At Arraignment?

In most DUI cases, the defendant is not in custody and at that place is no issue regarding bail. Bond is a payment that is fabricated by the defendant to ensure appearances at time to come court dates.

Bail may be an result if this is your tertiary or more DUI criminal offence or if there are other charges accompanying the DUI such as possession of firearms, assail, and possession of certain narcotics or others³.

Notation: On October 1, 2019, the bail arrangement in California will change with the passage of Senate Bill ten. The pecker provides for the emptying of cash bail for misdemeanor DUI.

What Happens If You lot Appear At Arraignment Without An Chaser?

If you appear without an attorney, the judge will ask if you can afford one. If you are unemployed or low income, you lot may be asked to use for a public defender at no or low cost to you.

The court is reluctant to accept yous correspond yourself although yous tin can plead guilty if you wish merely only after you are fully advised of your rights and knowingly waive them^four.

Do I Have To Appear At Arraignment In DUI Court If I Take An Chaser?

If you have an attorney, abenefit is that you practise not take to appear at the arraignment, especially if you are entering a not guilty plea. Your DUI attorney will enter the plea for y'all and obtain discovery documents from the prosecuting attorney^v.

What Type Of Discovery Tin can My Attorney Receive At Arraignment?

The documents provided to yous or your attorney include a copy of the complaint with the charges against you along with a re-create of the police report and any witness statements obtained.

You may likewise be served with a request for discovery at this time, or presently thereafter, where your attorney is required to provide the prosecution with copies of witness statements names of witnesses who may testify at trial and documents you lot plan to innovate at trial.

If you enter a not guilty plea, the courtroom will schedule a future court date for your pretrial briefing.

Stage 2 – Pretrial Conference

Inside a few weeks after the arraignment, the 2nd stage of the DUI court procedure chosen the pretrial conference will be held.

In the interim, your attorney has the option of filing sure motions based on the facts of your case as determined by the evidence that has been made available.

The Following Motions May Be Filed in DUI Courtroom:

• Motion to recuse a judge—based on reputation equally existence strict on sentencing and/or hostile to defense attorneys for example^vi
• Movement to dismiss based on lack of sufficient evidence, jurisdiction or other grounds
• Move for discovery if the prosecution objected to turning over certain evidence
• Pitchess motion to find prior misconduct by arresting officer⁷
• Movement to suppress evidence such every bit illegally obtained admissions, unlawful search and seizure, failure by the prosecution to provide sure documents or other testify
• Motion for modify of venue (if high contour instance for example)^viii
• Move to obtain preserved blood or urine sample for testing

At the briefing, the prosecutor volition mostly offer a plea arrangement⁹.

What Types Of Pleas May Exist Available?

In regards to a plea agreement, your attorney can ask for customs service in lieu of jail if jail is a typical judgement.  If you have multiple DUI convictions, and so your attorney will propose you that you are looking at months in jail unless yous take your example to trial and prevail.

If this is the first criminal offense with no aggravating factors, the prosecutor will advise your attorney of the plea offer. This may be 48 hours in jail or community service, depending on the policies of that court, along with a fine of nigh $390 and participation in DUI classes.

Tin Your Attorney Plea Bargain To Something Lower Than a DUI?

In some cases, a plea to "wet reckless" ((VC 23103.5)) or dry reckless is substituted for a DUI. There need to be circumstances that would incentivize the prosecutor such as problems of proof to agree to a reduction in the charges.

If there are favorable circumstances to you lot or issues that could make a conviction difficult, a non-alcohol related offense can be negotiated so that you will face no jail time and none of the consequences of a DUI confidence.

What Are Some Examples of Plea Deals?

Two examples are pleas to "exhibition of speed,"¹⁰ or " Wet reckless or reckless driving"¹¹.

What Happens If You Decide To Plead?

If you decide to plead guilty or enter a plea of nolo contendre (no contest plea that is the same equally a guilty plea where y'all acknowledge there is sufficient show against you), you lot are then asked if yous are voluntarily waiving the constitutional rights that yous were previously brash almost.

The court will and so pronounce judgement.

If you accept prior DUI convictions, yous may be referred for a presentence report regarding your booze consumption habits and other factors that may influence the sentence.

What Happens If You Decide Non To Enter Into A Plea Agreement?

If there is no plea agreement and yous keep your plea of non guilty, you and your DUI attorney are scheduled for a trial date.

When Should Yous Go To Trial For A DUI?

A trial may be advisable in a example absent-minded a satisfactory plea agreement if there are problems of proof in your favor such as the validity of the stop and arrest, unlawful police procedure, police force conduct or issues about the jiff or claret sample process.

Stage 3 – Trial

In a DUI instance where in that location are issues that your attorney believes can sway a jury in your favor then you may determine to go along to trial.

Jury trials can be stressful to a defendant and should be considered when making the determination to keep with a trial.

Just if you take some issues that are advantageous to you lot, and so your attorney need only convince one of the 12 jurors to decide you are not guilty since y'all tin merely be bedevilled past unanimous verdict¹².

Who Testifies In A DUI Trial?

Virtually DUI trials involve testimony from the arresting officer and officer or technician who administered the blood, jiff or urine test if drugs were involved. The defense may or may not have you evidence and if the chemical examination is at issue, may retain an expert who will as well testify.

How Long Is a Misdemeanor DUI Trial?

Most trials last between v (5) days and 2 (2) weeks.

There are a number of stages in a jury trial

• Motions in limine—these are designed to keep certain prove out such equally inflammatory photographs, incriminating statements or fifty-fifty chemic test results (if granted, the trial may be over)
• Jury selection—each side has a number of peremptory strikes and then may strike jurors for cause (bias)
• Opening statements
• Prosecution presents its case with testimonial and documentary testify
• Defense has opportunity to cross-examine witnesses
• When prosecution rests, defense may brand a motion to dismiss
• If denied, defense may or may non present bear witness such as putting the defendant on the stand and/or an practiced in chemic analysis
• Rebuttal testimony by prosecution
• Defence force rests
• Closing arguments by both prosecution and defence force
• Reading of jury instructions to jury
• Jury deliberates and delivers verdict or is a hung jury

What Does Information technology Mean If The Jury Is Hung?

A hung jury means that not all 12 jurors have reached the aforementioned verdict.

If this occurs, the prosecution has the option of not re-trying the case, re-trying the instance or attempting a plea agreement, usually to a non-alcohol related offense and no jail.

The defense could also movement the court to dismiss the case, commonly if the bear witness was weak and all only ane or two jurors voted to acquit.

FAQ Well-nigh DUI Trials

If I take my case to trial and I lose, volition the judge impose a harsher judgement on me than if I had taken the plea offer?

Answer:

That can happen in some cases such as where y'all have prior DUI convictions and the prosecutor offered you little or no jail time in return for a plea. The court is not bound past any plea understanding you had rejected.

In first offense cases, it is unlikely the court volition impose a harsher sentence other than perhaps a higher fine. If you testified and the courtroom felt you were lying, and so y'all may face a stricter sentence. Aggravating circumstances will too heighten a sentence.

I refused the chemical test and did not take any field sobriety tests. How can any jury convict me?

Answer:

If you refused chemical testing, the prosecution can argue that your refusal was motivated by consciousness of guilt. This is embodied in a jury teaching that is read to the jury.

However, the refusal by itself cannot exist used to prove guilt. We can also argue that you had a credible reason for refusing such as an inability to blow into the device or defoliation over the consequences of taking it.

Likewise, the prosecution must introduce some other show that you were impaired such equally slurred oral communication, unsteady gait, an inability to empathise the officeholder or flushed face along with erratic driving conduct. Otherwise, yous may well have an excellent run a risk of prevailing at trial or receiving a favorable negotiated plea offer.

Shouldn't you Testify at a DUI Trial?

Answer:

Whether to put you on the stand to testify is upwards to your attorney. If you have a prior felony, the prosecution volition use that to impeach your credibility and try to instill distrust in the minds of the jury.

Typically it is non in the interests of a DUI accused to testify at trial.

Additional Info:

• How do I get a DUI off my record?
• Can Y'all get a DUI on private property?

1. Gideon five. Wainwright 372 U.S. 335 (1963 [↩]
2. Miranda five. Arizona 384 U.S. 436 (1966 [↩]
3. People five. Arnold(1976) 58 Cal.App.3d. Supp.2 [↩]
4. People five. Douglas(1964) 61 Cal.2d 430, 434 [↩]
5. Brady v. Maryland 373 U.S. 83 (1963). [↩]
6. CCP Section 170.6 [↩]
7. Pitchess v. Superior Court(1974) 11Cal3d 531 [↩]
8. Pickwick Stages System v. Superior Court(1934  ) 138 Cal.App. 448, 449 [↩]
9. People 5. West(1970) 3 Cal.3d 596 [↩]
10. Vehicle Code 23109(c). [↩]
11. Vehicle Code 23103 [↩]
12. People v. Freeman(1994) 8 Cal.fourth 450, 503-504 [↩]

Ms. Aizman is the founding attorney at Aizman Law Firm, an accolade winning criminal defence force attorney & former prosecutor for the metropolis of Los Angeles. She regularly appears on CNN, Pull a fast one on News, HLN & CBS News to provide legal insight on various legal topics. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National Higher of DUI Defense

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Source: https://aizmanlaw.com/misdemeanor-dui-process/

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