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Posts Tagged ‘DWI Arrest’
Posted on Jul 27, 2010
Being arrested for DUI is a frightening experience. However, knowing what to expect eases the fear in the unfortunate event of an arrest. So, what happens?
- First there is the actual arrest. All a police needs in the state of California is “probable cause” that a driver may be driving under the influence.
- Secondly, a driver may be held in custody and would need to post bond in order to be released. A judge determines if DWI offender may post bond and how much. This bond, or otherwise known as “bail,” is much like a guarantee that the driver will show up in court.
- If a driver is held, he must be arraigned within 2 to 3 days. If a driver is not held (in custody), then the arraignment can be set at a later time.
- Next is the arraignment, in which the judge explains the pending charges against the driver. The driver is given the right to an attorney, the right of trial by jury, and the right to get evidence used in the proceedings. At this time, the driver can enter a plea of “Not guilty” or “Guilty.”
- After that are pretrial motions. These are usually heard at the arraignment. Usual motions are to suppress evidence, discovery motions, and motions to dismiss.
- Not necessarily a step, but definitely an option is the plea bargain. This is where the driver is given a choice to plead guilty to a lesser charge.
- The last stage of the court process is the trial. When a date is set, it is stated as a “0 to 10 date,” which means the driver’s right to a speedy trial is not violated if the trial begins within 10 days of the trial date. So, if a trial is not held within that time period, the case must be dismissed. Say for instance, if the trial date lands on the weekend or a holiday, the next court day is used instead.
- An important part of the trial is jury selection. This allows the defendant to access prospective jurors and determine if they are qualified to serve for this trial. It is normal for prospective jurors to be excused for a “just cause.” Once the jury is selected, the trial commences.
- Once the trial begins, both the prosecution and defense give their opening statements. They examine witnesses, and, lastly, the judge instructs the jury on how to apply the laws to the given case.
- Lastly is jury deliberation. This is when the jury decides the outcome of the case, but it is the judge who decides the punishment based on a Guilty or Not guilty verdict.
DWI Laws, DWI casesNo Comments »DWI Arrest DWI cases
Posted on Jan 20, 2010
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The first thing you need to do after DWI in Arizona is install an interlock device in your vehicle. All the costs associated with installation will be borne by you because you are at fault for the DWI. The state of Arizona is working overtime to come up with stricter rules and regulations so that cases of DWI will continue to decrease. There are a number of things that you need to be aware of and schedule after DWI in Arizona. The following is a list of things you need to know and do:
Civil and Criminal Proceedings - When arrested for DWI in Arizona, you face civil and criminal proceedings. Since these two proceedings have no connection to each other, you can win your civil case but lose the criminal one, lose both or win both. The criminal proceedings deal with evaluation, probation, fines and jail time.
Role of the Officer - If you are suspected of a DWI in the state of Arizona, the officer can request urine, blood and breathalyzer tests. You are given the legal right to refuse these tests but, if you do so, there is a strong possibility that your driving license is going to be automatically suspended for a period of one year. If you give them a hard time, the officer can easily get a search warrant for the tests anyway.
If the tests come to the conclusion that your Blood Alcohol Concentration level was .08% or more, your license will be seized on the spot. If you are not a resident of Arizona, the officer cannot seize your driving license.
Requesting a Hearing - To request a hearing in the state of Arizona, you need to write directly to the Motor Vehicles Department. For the hearing, you need to submit the pink copy of your driving license suspension form. Make sure that you fill out all the details correctly and send it directly to the Arizona Department of Transportation.
If you are found guilty in the criminal case, you will be punished on the basis of Arizona DWI sentencing guidelines. After getting the verdict notification, the state will suspend your driving license for at least three months. However, if it is your first DWI offense and you have given full cooperation to the officer in conducting various tests, your driving license may not be suspended.
Arraignment - the arraignment is basically a ticket date, about one to two months after your arrest. You do not need to appear in the court if you are not on bond and have an attorney. Talk to an attorney in order to understand arraignment.
Pre-trial Conference - It is the responsibility of your attorney to discuss your case with the district attorney and come up with the best possible negotiating deal. The pre-trial conference will take place one month after arraignment. Normally, you need to participate in three or four pre trial hearings.
Suppression Hearing - If your legal rights have been violated, the court can suppress some of the evidence against you. For that to happen, your attorney needs to file the proper motions. The suppression hearing will take place three months after the initial pre-trial conference.
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DWI Laws, Drunk DrivingNo Comments »BAC Driving Under the Influence driving while intoxicated Drunk Driving Laws DWI DWI Arrest
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