We remain open and steadfast in our commitment to helping our clients during these difficult days.

Proven Approach With Results Forged Through Experience

Image of attorney Mark L. Deniz

What to expect if you are arrested for a San Diego DUI. DUI Defense Attorney Lawyer Explains the stages in the case

On Behalf of | Jun 6, 2016 | Firm News |

Will I have the decision to go to trial because I necessaarily do not want to go to trial?  What happens in court?  If I hire a private attorney will it help me if I show up in court?  Contrary to perception you do not just go in and plead a case or walk into trial.  It is a process that involves the DMV and the criminal courts.

These are just a few of the many questions I field from clients and potential clients when discussing their DUI case.

crimes07.jpg

The DUI process should be known by someone who is going to go through a DUI case. Below is the bare basics of the stages of a DUI case. Please contact the firm at 858-751-4384 for a free consultation.

Stages In A DUI Case

STAGES IN A SAN DIEGO APS HEARING/DMV HEARINGS

STAGE 1: Request an APS Hearing must be requested within 10 days of arrest.

  • Call must be to the DMV and have the arrest information ready.
  • Request a stay of the temporary license
  • Request discovery
  • Inform DMV whether hearing in person or over phone.
  • Prepare subpoenas for the APS hearing. Serve the necessary subpoenas.

STAGE 2: APS Hearing

  • Hearing is before a DMV hearing officer
  • Hearing Officer acts as judge and prosecutor
  • DMV has to establish:
  • Did the officer have probable cause to stop the driver’s vehicle
  • Did the officer lawfully arrest the driver?
  • Was the driver operating a motor vehicle with .08 or more by weight of alcohol in his/her blood?

San Diego Superior Court

STAGE 1: Arraignment first court appearance

  • Enter a not guilty plea
  • Demand discovery
  • Set date for Readiness Conference
  • Fight off any additional sanctions Prosecutors and Judges want to give on some DUIs (even first time DUI). This is key if you were in a collision or your BAC is over .15%.
  • Attorney Mark Deniz can appear for you.

STAGE 2: Readiness Conference

  • Conference usually two weeks after arraignment if there is no time waiver

STAGE 3: Motions hearings will be heard on motions filed.

  • Argue Motion to Suppress
  • Argue Discovery Motions
  • Create Trial Strategy
  • Subpoena Witness
  • Prepare for Trial

STAGE 4: Jury Trial

  • Pre-trial motions and hearings
  • Jury Selection
  • Opening Statements
  • Cross examine prosecution witnesses
  • Mid Trial motions
  • Defense case
  • Closing arguments
  • Verdict (Not guilty)
FindLaw Network
Share This