Procedural Aspects of a California DUI
If you’ve been arrested for DUI in California, you’ll need to understand the way the legal process works so that you can help your California drunk driving defense lawyers prepare your defense. This process is quite involved, and there are two components to consider with any California DUI case. Below is an explanation of how each of these “prongs” of a DUI case works, but in order to ensure a zealous defense, you need to contact Gold and Witham, Attorneys at Law, as they have been serving as California drunk driving defense lawyers for decades collectively.
The DMV Case
After your arrest for DUI, you have 10 calendar days to contact the Driver’s Safety Office at the local DMV where you were arrested. The contact information for this office is not generally included in the paperwork given to you by the police, so it’s up to you to find this information and to request a Stay of Suspension and a DMV hearing within this 10-day timeframe.
After you file your request, a hearing will be scheduled. The DMV has an unwritten policy of attempting to schedule these hearings within 30 days of your arrest. You must also specifically request discovery materials, and this discovery should be sent at least 10 days prior to your hearing. Many times, it will not be possible to adequately prepare for the hearing in a short amount of time, which is why it’s often necessary to request a rescheduled hearing.
If any or all of this seems complicated, you’re not alone. That’s why you need the experienced hand of a California drunk driving lawyer to help you through this process. Gold and Witham, Attorneys at Law, have been appearing with clients at DMV hearings for many years, and they understand what it takes to successfully put forth a defense.
The “Legal” Case
Aside from the DMV hearing, you’ll also need to prepare for the “legal” aspect of your defense that involves the court system and the District Attorney’s office, and this process is equally complicated. If you’re arrested for DUI in California and held in custody, you must be given an opportunity to appear before the court within 48 hours of the beginning of the first available court day.
If you’re released after your arrest, you will be given a date for arraignment that’s usually scheduled within 4-6 weeks of the date of your arrest. A defendant normally pleads not guilty to the charges at the arraignment to allow time and opportunity for your California drunk driving lawyer to work with the prosecutors and come to a solution.
At the time of your arraignment, the court will set a date for a pre-trial conference, whereby the court determines if a plea agreement can be reached, and it’s possible that a case could contain three or even four pre-trial conferences before a trial is scheduled. If no agreement is reached, then the court will set a date for trial.
All of this information deals only with the procedural aspects of your case, and does not include all of the strategic and preparatory considerations that must be handled in order to provide a strong defense. That’s why you need to work with experienced California drunk driving lawyers to make sure that all of your options are exhausted and your exposure is mitigated as much as possible. Gold and Witham, Attorneys at Law, are experienced and successful California drunk driving lawyers, and the sooner you contact them, the sooner you can formulate a defense and prepare for each of these “prongs” of your defense. There’s no time to waste - contact Gold and Witham, Attorneys at Law, today.