DUIs are very serious; even a first time DUI could have potential lifetime consequences. The first DUI is often the most defensible, so it would have the best chance at getting a dismissal or reduction in the case. Many times when facing the second or third DUIs, the attorneys would be in a situation where they would be going to a jury trial and would not be settling the case, so that case might have a lot of extra costs and risks.
The first DUI would need to be settled correctly to minimize exposure in the long run because there would be potential immigration consequences, international travel consequences or potential driver’s license and employment consequences that could come along with the DUI. The person would also get a permanent criminal record which could affect them for the rest of their lives.
The first DUI would not be something where the client would want to go in and throw themselves at the mercy of the court, because the court would not give any mercy and the prosecutor would ask for whatever he wanted, so if the person was not prepared to defend themselves, then they would have to suffer potential consequences that may be given out by a 24-year-old prosecutor who was fresh out of law school and did not really know the effect of what he was doing. The person should be very careful and take the first DUI as seriously as they would take the second or third.
Should the Person Be Mindful of the DMV Hearing?
When someone has been arrested for driving under the influence, one of the most important things to do is to demand a hearing with the Department of Motor Vehicles. Upon receiving a temporary drivers license following the DUI, a person has only 10 days to demand the DMV hearing. Once the 10 days elapses and no hearing has been demanded, the DMV automatically suspends the drivers license.
Police officers are supposed to inform people about the 10-day rule, but many times they do not, so people may not be given the right paperwork or they may not understand the paperwork they have been given. The temporary license that is usually given is a 30-day license, so people are often confused and think they have 30 days to deal with the Department of Motor Vehicles, but that is not true.
One of the primary things someone should do is contact the Department of Motor Vehicles and get that hearing, either by themselves or with the assistance of an attorney. It would be more beneficial to have an attorney make this demand because the hearing is more involved than just calling up the local DMV and stating the person got a DUI and then asking what to do.
They may get erroneous advice from the Department of Motor Vehicles, because it would be in their interest to not have a hearing. Hearings are time-consuming, expensive, and troublesome for them. Many times, people call the DMV and ask for a hearing but are told that they do not need it or they are not entitled to it, which is just not correct. This is where a good attorney would be able to get into the DMV, contact the right people and demand the hearing on the person’s behalf.
In addition to demanding the hearing, other documentation and information would also need to be requested and things would need to be put in place to protect the person’s rights. Additional paperwork would also need to be done to make sure they got the right type of hearing, in the right location, at the right time and that their rights were protected, because the clock would be running from the minute the person was released and issued a pink temporary license.
Should the Person Start Noting Important Dates Like Arraignments and Court Hearings?
Once someone has been arrested for driving under the influence, a lot of new information will come their way. Someone who has been arrested for a DUI might not have any experience or exposure to the criminal justice system, but then they would suddenly be thrown into the middle of it, and being thrust into the middle of criminal court and the administrative process can be daunting.
There will be a lot of dates, deadlines and information that would need to be documented, and there will also be a lot of legal terms and jargon that may get thrown around that is difficult to understand. It would be helpful to try to keep a journal, notebook, a little notepad or something where they could write down dates and then they could of course also put it in their phone calendar or paper calendar, and do whatever they had to in order to make sure no deadlines were missed, which is a process that an attorney could also help them with.
Attorneys can usually go to court on the behalf of their client so that they would not have to miss work or school. The attorney would of course keep track of the dates, times, and locations, but there would be the 10-day rule with the Department of Motor Vehicles and there would be an arraignment which would be the first court date.
The police officer will have given the person paperwork or told them when the date is, but the hearing date will be set after it has been demanded from the Department of Motor Vehicles. There might be a discovery exchange with the court, and there might be a continuance of the arraignment or the person could enter a not guilty plea.
There would also be a pretrial process which could have multiple court dates over the following months, so the person would want to make sure they kept track of when things are supposed to happen and when they do happen. The person would also want to keep an eye out to make sure that if something was going to happen, that it would be scheduled appropriately so it would not interfere with work or school.
For more information on DMV and DUI Hearings, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 424-3145 today.
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