When does a DUI case go to court?

Like with any other criminal offense, DUI defendants must be arraigned on formal charges to commence the criminal process. In addition to taking pleas from the defendant and assigning an attorney, the court will also begin to schedule future hearings in the case. Assuming a DUI defendant pleads not…

Why do DUI cases take so long to resolve?

Trial and Sentencing A DUI trial may only last an afternoon, or it may last months. The cross-examination of the arresting officer may take a whole day in itself. Even when a trial is over or isn’t necessary (i.e., if the defendant pleads guilty or accepts some sort of deal), the sentencing hearing often isn’t scheduled until weeks later.

What are the different stages of a DUI trial?

The different stages of a DUI trial consist of: 1 Choosing a jury. 2 Opening statements from your attorney and the state prosecutor. 3 Witness testimonies and cross examining. 4 Closing arguments from your attorney and the state prosecutor. 5 Jury deliberation and decision. …

What happens if there is a mistrial in a DUI case?

Jury deliberation and decision. The jury will either come to a unanimous verdict on your DUI charges or if their decision is split, a retrial or mistrial. If a mistrial is declared, the charges against you will be dismissed. If you plead guilty or are found to be guilty by a jury, a judge will decide your sentence of punishment.

How long does a DUI jury trial take?

DUI jury trials take longer and usually cost more. Criminal jury trials involve numerous steps, processes and procedures that are not present in a bench trial. These “steps” include the judge providing some orientation instructions and oaths to jurors, and include selecting the jury (something that can take up to half a day in some DUI-DWI trials).

How is a DUI trial different from a bench trial?

A DUI jury trial is different than a DUI bench trial. In most jurisdictions, you can opt for a trial by jury if you want your case to be decided by a jury.

Can you opt out of a DUI jury trial?

To opt out of a jury trial and have the judge decide guilt, you must expressly, intelligently and personally participate in opting out of the jury trial. Some courts do not have the ability to hold a DUI jury trial. Even in the states that afford you the right to opt for a jury trial, not every court has the ability to offer a DUI jury trial.

How many people can be on a jury for a DUI?

you’re dealing with a jury, 6 to 12 people (usually all drivers) who are probably unhappy to be in court and who may be impatient with a DUI or a reckless driving defendant with a tenuous claim, and.

What happens when you plead not guilty to a DUI?

In addition to taking pleas from the defendant and assigning an attorney, the court will also begin to schedule future hearings in the case. Assuming a DUI defendant pleads not guilty to a felony charge, a court will then typically set a date for a preliminary hearing.

What do I have to do after a DUI charge?

There are also certain conditions for a DUI conviction that are required to be completed. Typically, this includes a fine, court costs, urinalysis fees, and probation fees. The monthly payment could be equivalent to a smaller car payment. You may also be required to complete community service hours or participate in drug and alcohol classes.

When did I get arrested for a DUI?

“I was arrested about 10 months ago for a DUI. I spent the night in jail and released with a court date. I showed up at the court date and told that the district attorney had not yet filed charges.

What happens at the beginning of a DUI case?

DUI Arraignment. Arraignment begins when you first appear in court for your DUI offense. You stand before the judge who will: Read the charges being brought against you. Ask if you need an attorney (if you don’t already have one). Ask how you plea to the charges. If applicable, make alterations to your bail.

Who was the judge that was arrested for DUI?

Judge E. Curtissa R. Cofield served in the Superior Court. Police arrested her for DUI after she crashed into a parked cruiser. They also charged her for failing to drive in the correct lane. The judge’s BAC was 0.16, double the legal limit.

Why was I charged with two counts of DUI?

Since most people do not refuse the chemical blood-alcohol test when police tell them the penalty for such a refusal is an automatic license suspension, the majority of DUI cases come with breathalyzer or chemical BAC test evidence.

What happens if a judge is charged with DWI?

Before he became a judge, police stopped McKay and charged him with DWI. He challenged the results of the breathalyzer. However, the court convicted him. As a result, the court required him to serve three days in jail. It also required him to pay a fine and undergo alcohol screening.