DUI Arrest Going to Court and What to Expect with Video Evidence
At San Diego Defenders we receive calls from persons arrested for a DUI and are asked, “what happens next?”
This video describes the procedure and timeline for a DUI. First you should draw a line down the middle of the board and write DMV on one side and Court on the other side. You are given a pink sheet of paper at the time of arrest which acts as your temporary drivers permit for 30 days. In another video we will discuss the 10 day time limit in which to request a DMV hearing and how to get a restricted drivers license. On the Court side you are “Court Date” in which to appear where you will be deciding whether to plead Guilty or Not Guilty by the public defender with a limited amount of information, usually you BAC or blood alcohol level and the report from the officer’s point of view. If you choose to plead guilty and fall on the sword, you should think of the ramifications down the road on getting a job, applying for a job, and licensing with different agencies.
DUI’s carry more ramifications than ever given this age of digital information. If you hire a private lawyer, like San Diego Defenders, we will plead not guilty and ask for all the evidence. It is important to note that for all the court appearances I talk about on this video, with the exception of trial, you do not have to be present. That means you can concentrate on your job, your school, your family and the important things in life while you DUI lawyers are working hard to leave “no stone un-turned” and to find something to leverage against the DA whose has the burden of proof in a warrantless arrest. The most important bit of evidence these days is the video evidence. Video is a real game changer. Video allows the DUI lawyer to challenge the officer’s report which may describe the person arrested as slurring their speech and swaying from side to side when the video clearly shows that is not what happened.
Video evidence has changed the way criminal defense attorneys look at every case. After a series of readiness or settlement conferences in which your criminal lawyer negotiates with the DA or City Attorney, we may bring a motion to dismiss based on a violation of your constitutional rights at the time of the arrest. After that motion and perhaps another settlement conference if we cannot get the better plea bargain or result, we may set the case for trial and although not everyone wants to got to trial, it is important that the prosecutor knows that your lawyer is a trial lawyer and will litigate the case unafraid and confident.
At San Diego Defenders, our reputation is that we are trial lawyers and we litigate fiercely in every case. That is one of the hallmarks of our practice. Dan Smith and Jon Pettis are the most successful DUI defense team in San Diego and will work for you on an affordable payment plan for a flat fee that includes trial. With a full commitment to leave no stone un-turned. Call us at (619) 258-8888 for a free consultation and an affordable payment plan in your DUI case.