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The arresting officer then sends your confiscated driver’s license to the California DMV. The DMV will automatically suspend your driver’s license in 30 days unless you request a DMV hearing. You must request this hearing within 10 days from the date of the arrest. A DMV hearing is essentially a quasi-legal proceeding held at a DMV office ...
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- What happens during a typical California DUI investigation?An investigation is the first step in the California DUI court process. It typically begins after you are pulled over by the authorities (for examp...
- What happens after a California DUI arrest?After you are arrested for DUI, the arresting officer will take you to a hospital, police station, or jail for a blood or breath test to measure yo...
- What kind of lawyer should I hire following DUI charges?When it comes to legal representation, you have three options when it comes to navigating the California DUI court process. These include: 1) repre...
- What is the California DMV hearing process?Shortly after a DUI arrest, the arresting officer will notify you that your driver’s license will be suspended in 30 days. The officer will confisc...
- What are the most important DUI court proceedings in a given case?Once a prosecutor files DUI charges against you, the DUI case enters the California criminal court system (this is true regardless of whether you w...
- What are the best legal defenses for a California DUI?Beginning on the date of arraignment, you have the legal right to challenge a DUI charge with a legal defense. An effective defense can work to red...
- What are some DUI penalties?You can face severe penalties for a DUI conviction. For example, a first-time DUI under California’s DUI laws is punishable by: a misdemeanor charg...
- What You Need to Do Before The Arraignment
- What Will Happen at Your Arraignment
- Options For Handling Your Case
- Getting A Lawyer
Generally, implied consent laws allow the DMV will administratively suspend the license of any driver who's lawfully arrestedfor driving under the influence and fails or refuses to take a blood or breath alcohol test. You can fight an administrative suspension. But if you wish to do so, you need to request a hearing with the DMV within days of your...
At the arraignment, the judge is supposed to inform the defendant of the charges and of certain rights. But arraignments aren't just for legal formalities. If the defendant is still in jail, the judge will normally set the bail amount or release the defendant without any bail (called "own recognizance" release). The judge will also want to know wha...
After the arraignment, it's time to decide how best to handle your case. This is where the input of an experienced attorney is crucial. Generally, it comes down to two options: plea bargainingand fighting the charge. However, the two options aren't always mutually exclusive. In many cases, a defendant will try to beat the case by filing pretrial mo...
Whether you'd prefer to plea bargain or take your case to trial, think about getting an attorney to represent you. If you're unable to afford an attorney, ask the judge at your arraignment to appoint a lawyer. The consequences of a DUI are serious, so it's crucial that you get legal assistance to deal with your case.
Sep 26, 2022 · Updated: Sep 26th, 2022. Many people who are arrested for driving under the influence (“DUI”) (also called “driving while intoxicated” or DWI in many states) have no prior criminal history. A DUI arrest is typically unexpected, and the legal process is unfamiliar and may be intimidating for someone who has never been in court.
Nov 18, 2023 · Pretrial motions usually address: What physical evidence and testimony are allowed. What legal arguments can and can't be made. Whether there's any reason the defendant shouldn't have to stand trial. What Arguments Do Parties Raise During Pretrial Motions?
- Can I present a legal defense during a DMV hearing? At a DMV hearing, you have the right to present a legal defense/disclaimer. A hearing officer will suspend a driver’s license if the officer discovers the following
- May I present evidence at these hearings? At a DMV hearing, you can present your own evidence. Once you’ve decided on the best defense to present at the hearing, gather and organize any evidence that supports that defense.
- Do I get to look over the DMV’s evidence? You are informed of the legal grounds for the action at the hearing and have the opportunity to review and challenge the DMV’s evidence.
- Is it permissible for me to bring written notes to a hearing? You can attend a hearing with evidence supporting your case and any notes necessary to present that evidence.
If you see some discrepancy in the report and the additional evidence, it may be wise to subpoena the arresting officer for the DMV hearing. The subpoena duces tecum rate for any officer testifying is $275 per day, made payable to the arresting agency.
The first thing to happen in any Ohio DUI procedure is being stopped by a police officer and arrested on suspicion of DUI. If the police ask you any questions after arresting you, they are required to read you your Miranda Rights, telling you that anything you say or do may be held against you in trial.
