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.
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)