The Legal Process – Defined

The Legal Process – Defined

Arraignment

The arraignment is the initial court appearance where you enter a plea of no contest, guilty or not guilty and appeal your administrative license suspension (ALS) to allow for limited driving privileges. We will educate you about the possible consequences of each plea so you can make an informed decision about how to proceed. If you choose to plead “not guilty,” we will mount an aggressive defense.

If possible we will appear without you for your convenience. If your appearance is required, your absence would result in forfeiture of your bond and an automatic license suspension.

At the arraignment, we file motions to grant relief relating to the ALS and driving privileges. If a jury trial is to be involved we may seek to have parts of the State’s evidence including breath, blood or urine test results, field sobriety tests or statements made by you after your detention but before Miranda advisements were issued.

We would also request discovery, production of evidence the state intends to present including witnesses and how to locate them and preservation of audio or video recordings that have been made to eliminate surprises at trial.

We will educate you about the possible consequences of each plea. You to make an informed decision about how to proceed. If you choose to plead “not guilty,” we will mount an aggressive defense.

More about ALS

A person is placed under an ALS for one of two reasons. 1. Refusal to take a chemical test: blood, breath, or urine, after being arrested for DUI. 2. For taking a chemical test with an outcome over the prohibited level.

More information about the ALS

Each court is different on how they address the ALS. It’s extremely important to have experience with and knowledge of the courts and judges on your side.

Pre-Trial

Following arraignment, a Pre-Trial Conference will be held. This is an opportunity to speak directly with the prosecutor. We will provide the prosecutor with our arguments and determine the extent of the State’s evidence. At this point in the proceedings, we will attempt to review any videotape of your arrest.
Motion Hearing

Suppression of harmful evidence is one of the primary purposes of a motions. There is no jury involved at a motion hearing. Typically present are the judge, the prosecutor, the State’s witness (the arresting officer(s)) you and your attorney. The judge hears arguments from both sides and decides to grant or deny motions.

Trial

A Jury Trial (an eight person jury is used in misdemeanor cases) or a Court trial (heard only by the judge) will determine the outcome of your case. Your assistance with necessary information may be critical. Stay in touch with any witnesses in case we need to reach them.

Sentencing

We work hard to achieve minimum consequences to your DUI if you should be found guilty at trial. Sentencing depends on many factors including your prior record and behavior at the time of arrest and during the trial.

It is of utmost importance that you not risk another offense while your case is in process.

The Future

Then only sure way to keep from repeating an OVI ideal is always drive legally. It is not against the law to drive after drinking but it is against the law to drive when your blood alcohol is above the legal limit. Err on the side of caution. Drive responsibly. Protect the safety of others and yourself.