QUESTION

What are the first steps I should take to fight a DUI?

Asked on Jul 12th, 2010 on DUI/DWI - California
More details to this question:
I was just arrested for a DUI. What are the first steps that I should take to fight it?
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2 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Upon release from jail or booking, you will be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. Hire an attorney for that hearing if you want. You also were provided a notice of court appearance for Arraignment. Go to that hearing and plead not guilty. You will be provided a copy of all the police reports and charging Complaint. There you will have to set a date for Pre-Trial hearing where negotiations with the DA are first conducted. If the case is not plea bargained, it will be set for Trial. Prior to that, you will file any appropriate Motions. Unless you know how to effectively represent yourself in all this, hire an attorney who does. The conventional wisdom is that the attorney will be able to get you a better deal than you could on your own, or effectively try the case if forced to that. That is what you are paying for. If serious about hiring counsel, and if this case is in Southern California courts, feel free to contact me.
Answered on Jul 13th, 2010 at 3:19 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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First - you MUST request a hearing with the DMV to challenge the suspension of your license. They should issue a stay on the suspension, provide discovery and set the hearing date. Depending on the particular facts of your case, your attorney may want to do several things, both legal issues that need to be dealt with as well as things you can do personally to get yourself in the best position when you go to court. A DUI, like any criminal case is not a do-it-yourself project. There are technical issues and defenses you can easily overlook unless you know what to look for, greatly impacting your case.
Answered on Jul 13th, 2010 at 1:34 PM

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