What will happen to me now that I have to appear court for my OUI?
Asked on Jul 22nd, 2015 on Criminal Law - Kentucky
More details to this question:
I had not gotten an OUI in almost 10 years. Two days ago, I was arrested for one. I got taken to jail, and when I sobered up, they released me. I have been notified that I have a court date coming up. What should I expect in court the second time around?
A second DUI can mean 10 days of jail or more in Colorado. If you have more than 1 prior, then more jail. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Your first appearance will be your arraignment where they will read the charge against you in the record. You will enter a plea of Not Guilty. Your next hearing date will be your Pre-Trial Hearing. In between those periods a plea deal is sought. You will need to have a drug and alcohol screening done. If treatment is required, you will need to take them. Because its been 10 years between offenses, they MAY not count that against you in determining on their plea offer to you. Get an attorney who specializes in DUIs.
For your first appearance you will simply indicate whether you are pleading "guilty" or "not guilty." If it is aggravated then you will want to retain an attorney to see if you can get that amended down.
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