DUI Court
After your DMV hearing, you have another challenge separate from the hearing and even more significant to overcome. While the DMV hearing is a privilege and an opportunity to convince the DMV to, at least temporarily, return your license to you, the California DUI court proceeding is a mandatory event in which you must face the charges brought against you by the State. The individuals involved in a California DUI court proceeding include:
- You
- Your defense attorney
- The prosecutor
- The judge
- A jury
The general outline of the DUI criminal case court proceedings are as follows:
- Jury selection
- Opening statements
- Prosecution’s arguments – Including witnesses which your lawyers can cross-examine
- The defense’s arguments – Including witnesses which the prosecution may cross-examine
- Closing statements
- Verdict
- Sentencing
The Pretrial Phase
The period of time between the arrest and when the trial actually begins is called the “pretrial” phase and is the longest. Courts are notorious for taking a long time and for good reason. It can take weeks or months to get on the Court calendar for a DUI case. During this time, your attorney will investigate the details of your case and create arguments in your defense.
The prosecution will say this is the best time to negotiate for a plea bargain, but that’s because no one knows what the other side knows. Before the trial begins, it’s hard or impossible to understand the other side’s case and what evidence they have, even if they claim to have evidence. Once the initial phase of the trial, the arraignment, begins, that’s the best time to negotiate with the prosecution. At this point the defense team (you and your lawyer) will hear the prosecutor’s evidence and will then know the strengths and weaknesses of their case.
The more evidence in your favor and the more holes your lawyer can poke in the prosecution’s case, the better chance you have of the judge reducing or dismissing charges. There are several pretrial motions that your lawyer can run depending on the details of your case. These pretrial motions include:
- A probable cause hearing – This is to call into question the validity of the initial stop by the officer
- A motion to suppress hearing – To request the blockage of any evidence that was obtained illegally or that would unjustly prejudice the judge or jury against you
- A pitchless hearing – In this hearing, the complaint history of the arresting officer is examined in order to discredit his or her actions and testimony
Plea Bargaining
After gathering all possible evidence, conducting whatever pre-trial motions your lawyer deems are appropriate, and consulting with defense expert witnesses, your lawyer is in a prime position to negotiate on your behalf. This knowledge makes it possible to find the holes in the case against you, causing the prosecutors to lose confidence in their arguments. The State may be willing to decrease your charges to lesser offenses such as reckless driving.
If your attorney is unable to collect enough evidence to support your case, the prosecution may be unwilling to propose an appealing plea bargain and you may be headed to trial.
DUI Arraignment
This is the first stage of court proceedings in a DUI case where the prosecutor makes his or her first official suggestion of what the sentence should be if you plead guilty and is the first opportunity for you to plead guilty, not guilty, or no contest.
If you were to plead guilty, you must serve the suggested sentence and the case is closed, except in regards to your probation after your sentence. If you plead not guilty, the case continues through court proceedings and you and your lawyer are able to review and challenge all evidence brought against you. Evidence may include:
- The police report
- Maintenance records of chemical testing equipment
Winning the Case
Hiring a private lawyer with extensive experience in DUI criminal cases can make a big difference in the outcome of your case. An experienced DUI attorney may use any of the following as defenses:
- Illegal or otherwise flawed police investigations or procedures
- Chemical test equipment that is not working or calibrated properly
- Inaccurate scientific calculations
- The defendant was not driving
- The chemical test results have a legal explanation
DUI criminal court proceedings are very stressful and the laws are complicated. Hiring an attorney who understand this section of law thoroughly and will work tirelessly on your behalf can help keep you out of jail and might prevent a life-changing DUI conviction. First time offenders can spend up to 6 months in county jail, pay up to $1000 in fines, lose their license for up to 10 months, and pay for and attend nearly a year of DUI school. Don’t leave your fate to chance!