DUI Court Process
Understanding The DUI Court Process
What Happens At Arraignment
When you hire us, with few exceptions such as felony DUIs, you likely won't even have to go to court. Christopher J. McCann will personally appear in court for you. No one else. The first appearance, the "arraignment," is the time where you learn the specific charges in writing ("the Complaint") and obtain the police reports. A "not guilty" plea is generally entered, which starts the process of fighting your case and getting the best results for you.
At the arraignment, judges may set bail requiring you to pay money (usually to a bondsman) to guarantee your continued release. In some cases, judges may require you to attend weekly AA meetings during your case. Mr. McCann will advocate for you to ensure that your presumption of innocence is respected and you are not convicted in the judge's mind before the case even begins.
For the typical misdemeanor DUI case, there will be a few "pre-trial" hearings where Mr. McCann will push the best defenses to win your case while also negotiating with the DA and judge to get justice for you if a case is best resolved by a plea agreement. Motion hearings may also occur where evidence and testimony are presented and Mr. McCann will argue to have, for example, evidence suppressed or the case dismissed if possible.
If the case is not dismissed or resolved by a plea agreement, you have the right to a jury trial, which can last several days, where 12 jurors get to see the evidence and listen to testimony and decide whether you are guilty "beyond a reasonable doubt." Mr. McCann will present legal arguments to prove you were not impaired by alcohol and that you did not have a .08% blood alcohol level at the time of driving. This is commonly done using expert testimony, case law and using a strategy called a "rising blood alcohol defense."
When you hire the Law Offices of Christopher J. McCann, APC, to fight your DUI case in court, you know that you are getting a personalized defense from an experienced, DUI trial attorney who knows how to win and get justice for you in court. Call our firm at 888-360-4256 or send us an email to schedule a free consultation.