DUI court date?
A friend of mine got a dui recently and has court in like a month, she is really freaking out and I was wondering if anyone who has gone through it can explain to me how everything goes. Is it just traffic court?
Answers:
DUI is not just traffic court.
You did not indicate what state you are in, but your friend needs to IMMEDIATLY hire an attorney who deals with DUI defense. There are a variety of things to look for, and only an attorney who deals with these types of cases.
She needs to do this in the next few days, because in most states, DUI is now a two faceted process. There is an administrative revocation of one's driver's license, and there are the criminal charges. Often, the administrative revocation can be challenged, and successfully, but only if the proper appeals are filed within a set time frame. An attorney in your state will know what those rules are and how to help her.
If she needs a referral for an attorney, contact the local or state bar association.
Traffic court yes.. Simple, no. first off, she really needs a lawyer. Points and suspension are VERY possible. DUI is just part of the iceberg. What else did they nail her for? That's going to be the key. Probably have to go to drivers school.
Truly, she needs a lawyer. if this is a first offense, she might get a slap on the wrist, but, if they have more or she got in a wreck, she's going to need a lawyer to help her weed through it all.
If she can't afford one, call the public defenders office. She won't get off, but, Nolo Contendre (No Contest) is an option. it avoids the points and you get a fine. She better be ready for that one too.
pretty messy. lawyer is the answer. Good luck
The laws vary from state to state so your friends experience may be different from what I tell you. However in my neck of the woods she would receive a court date after she bonds out of jail. The court date would be what is called an Initial Hearing or Arraingment. At this hearing the Judge would read the charge and potential penalities to the defendant and a "not guilty" plea is typically entered. More court dates are then set for the next hearings which would be a Mandatory Dispositional Conference (MDC Hearing) or Change of Plea Hearing in which he/she would change their plea from Not Guilty to Guilty in exchange for whatever terms are on a plea agreement. If it is a felony offense a sentencing date will be set from here and a Pre-Sentence Investigation (a report on the defendant and offense prepared by the Probation Office) is ordered. If it is a misdemeanor offense, the defendant will plead and be sentenced on the MDC/COP date.
I think it depends on where you live and what her actual charge was.
Where I live a DUI is criminal court. If this is her first appearance likely nothing will happen and the matter will be remanded to a later date so that she or her lawyer can be provided with the particulars of the case against her. Should she chose to plead not guilty a trial date will be set for a later date. Depending on where she was charged that could be next month or next year.
She needs a lawyer and ASAP. If she can't afford one, legal aid can appoint one since there is the possibility that she could receive jail time if convicted.
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