Arraignment Vs. Pre-trial What's The Difference?
What to Expect When Facing DUI Charges
So you’ve been arrested for DUI/Driving under the influence. What happens now, and how does the system work? Below is an overview of what to expect.
If you are pulled over for suspicion of drunk driving, you will likely be subjected to a breath test or field sobriety test. This will determine whether you are over the legal limit of driving under the influence. If it found that you are, you will be arrested for drunk driving, booked, fingerprinted, and processed. Generally every California DUI arrest gives rise to two different cases; a California DUI court case, and a California DUI DMV Hearing. For the DMV hearing you will most likely receive a pink “Suspension Order and Temporary License” allowing you to drive for 30 days. However, this temporary suspension advises you that the California DMV must be contacted within 10 days of your DUI arrest for the DMV Hearing, or your license will be automatically suspended. This is a separate hearing than for the DUI court case.
The arraignment will normally occur sometime after your arrest. . You will be required to appear before the court, preferably with an experienced Santa Barbara DUI defense attorney representing you. We recommend you plead not guilty regardless of what evidence the police may appear to have against you. You will be able to get a copy of your police report and a pre-trial will be scheduled. Once scheduled, your attorney can begin gathering evidence and plan your defense strategy.
Once the pre-trial conference is schedule and your lawyer meets with the prosecutor, they can review the case and attempt a negotiation of the charges, if warranted. At this time you may be offered a deal, however if your attorney does not believe it is in your best interests, then your attorney will need to prepare for trial. If your attorney determines he will be taking this to court, he will need to review all details of the arrest and evidence with you at that point.
The Motion Hearing
At this hearing the arresting the police officer will testify as to exactly what occurred during the stop. All details as to how the stop and field sobriety tests were conducted will be covered. Your attorney will be able to determine whether there is opportunity here to challenge any of the evidence based on the arresting officers failing to follow correct procedure.
If no plea bargain occurs or is not warranted, your defense attorney will prepare for trial. The case will be heard before a judge or a jury, where the evidence and statements will be heard.
If you are found not guilty, your case will be dismissed and you’ve won! You will have no record of a DUI offense. If you are found guilty, you will be sentenced. If convicted, Attorney Hallum can still help you through the next steps necessary to obtain the best outcome possible and attempt probation. As Mr. Hallum will handle your case from start to finish, he will fully explain to you what to expect.
Santa Barbara DUI Defense Attorney
Each DUI case is unique with an individual set of facts, mistakes, and legal arguments. With Attorney Hallum’s 22 years of law enforcement experience, including a DUI detail, you have the better chance of overturning and winning your DUI charges. With his personal attention to providing you an aggressive defense, you can feel confident you are in good hands. Contact Mr. Hallum today.
If you are in need of a Santa Barbara DUI Attorney, contact the Law Offices of Kenneth M. Hallum for experienced and knowledgeable representation.