Posts Tagged ‘DWI cases’

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What to Expect in California Court Processing in the Event of DUI 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.

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I Wrecked My Car in Rhode Island – Need a DWI Attorney

Posted on May 27, 2010

If you have been involved in a road accident and wrecked your car due to drunk driving, you will face a Rhode Island DWI prosecution. The first thing you need to do is seek the help of an experienced and qualified DWI defense attorney. Based on the Rhode Island DWI Law, if you are incapable of driving due to being under the influence of alcohol, it is illegal to drive or physically operate a vehicle.

Even if it is your first offense, you will still have to face jail time and suspension of your license. Apart from getting heavy fines and jail time, you will also have a wrecked car and suspended license. Your auto insurance will also increase multifold or be discontinued.

Get help from a Rhode Island DWI Attorney

When involved in a DWI in Rhode Island, you need to consult with an experienced Rhode Island DWI attorney prior to taking any kind of decision regarding your case. It might not be wise to handle your case on your own as Rhode Island DWI laws are very complicated and not very easy to understand.

Per the Rhode Island law, if you are arrested for violating the DWI statute, the state will initiate two types of legal actions against you which include the Criminal Action given for the ticket that was issued to you when you were arrested for suspected DWI as well as the Administrative Action offered on your driver license by the Rhode Island Department of Motor Vehicles. Both these actions lead to immediate suspension of your driving license. You will also face various kinds of additional penalties depending on the kind of offense committed.

When arrested for a DWI in Rhode Island, you have only 15 days to request a hearing from the Department of Motor Vehicles. If you are not able to request a hearing within 15 days, you lose your right to the hearing is lost and your license is automatically suspended for the applicable statutory time frame. The extend of penalties you might get for being arrested and convicted in Rhode Island for DWI offense depending on the circumstances under which the offense was committed, your blood alcohol levels and the number of times you have committed the offense. Most of the outcomes of a DWI can be avoided with the help of an attorney.

It is very important to hire the attorney as he can give valuable legal assistance in order to get reduced penalties or even get charges dropped completely. Most of the time, not taking the assistance of an attorney can lead to serious implications which can affect your present and future. The attorney with the experience in the area of litigation of DWI will be well versed with the latest DWI laws and regulations of Rhode Island. He can use this knowledge as well as legal expertise to try various options for your case in order to get you a favorable outcome.

One of the most reputable Rhode Island DWI defense attorneys Michael DelSignore has been involved in offering aggressive defense services to his clients who have been charged with driving under the influence of alcohol. He has been successful in defending many who are charged with DWI or who refused to take breathalyzer in Rhode Island. He will examine and explain the defense options employed by him to handle each case so that it will to an acquittal of your Rhode Island DWI charge. Thus if you have wrecked your car in Rhode Island due to DWI, you need not worry as you can seek the help of an experienced DWI attorney.

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I am at Fault; Can a Utah DWI Attorney Help Me?

Posted on May 25, 2010

When arrested for DWI in Utah, you face serious consequences like jail time, suspension of your driving privilege as well as heavy monetary fines. Apart from this, you will also face court time, fees and other penalties. Under such circumstances, it would be a good idea to seek the assistance of legal advice of a capable and experienced DWI attorney who can help you in understanding all your rights and options.

Per the Utah law, when you are involved in a DWI, the state will initiate two types of legal actions against you simultaneously: the criminal action and the administrative action. While the criminal action is in response to the ticket that was issued to you, the administrative action will be against your driver license by the Utah Driver License Division. When you are involved in a DWI, the enforcement officer will retain your license immediately and issue a temporary license which will enable you to drive for 30 days from the date issued. You have only 10 days to request an Administrative Hearing from the Driver License Division. If you fail to request a hearing within 10 days, you will lose your right to the hearing and your license is automatically suspended for the applicable statutory time frame.

Defending a DWI case in Utah

When arrested, you will have to undergo Field Sobriety Tests and then take a breath test. If your BAC is over 0.08% you will be accused of DWI. In order to defend a DWI case, you need to follow these steps:

Be aware that you are not entitled to a jury trial. This trial can be held only in front of a judge and this needs to be handled with care.
Provide all the details during the trial as there will no jury. The judge will be able to make a decision faster and make the prosecution work. With the help of your attorney, you should be able to challenge all the issues.
Your attorney should be able to challenge the tests conducted by the law enforcement officers in the form of breath tests or any other forms of tests and put forth to the judge. The argument and briefing is done prior to the hearing and the evidence.
Appeal for a hearing and request evidentiary hearings. These hearings can be used for your trial. Your judge will attend the hearing as well as the trial. If the judge is convinced of your argument prior to trial, you need not go in for the trial.
Provide all necessary documentation and do it lawfully to get out of the prosecution.

It is quite difficult to defend against a Utah DWI and requires a certain set of skills which need to be used effectively by your DWI attorney. Your attorney will understand the DWI court system and Utah DWI laws well. He will be able to take your case to trial and get a better result in court than the pitiful plea agreement you will be initially offered. His objective is not just reducing the charges, but to get you the best possible outcome.

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