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The DUI Arraignment This is the driver's first court appearance in front of the judge. Generally, either the driver or the driver's DUI attorney may appear. If you are charged with a misdemeanor DUI, then your attorney may represent you in court, and you do not need to appear in court at arraignment. The official written DUI charges are presented to the driver or the attorney, along with a copy of the police reports. This is where you plead guilty, no contest, or not guilty. The not guilty plea would now get a new court date.
The DUI Pretrial Pretrial dates are court dates where your attorney will negotiate the merits and defenses with the prosecutor. These dates are where face-to-face and potentially long negotiations occur between the DUI defense attorney and the prosecutor. It is also the date where a case status update is given to the judge.
Motion hearings may also be scheduled on these pretrial dates. If your DUI attorney reached an agreement with the prosecutor, known as a plea bargain, then a final court date is scheduled where the plea bargain sentencing will be finalized. If an agreement cannot be reached, then the case is set for trial.
The DUI Trial The attorneys and the judge will select 12 jurors to hear your DUI case. Both the prosecutor and defense attorney will present evidence and make arguments. The jurors then discuss the evidence and arguments in private, and decide if the DUI driver is guilty or not guilty. All jurors must be convinced beyond a reasonable doubt that the driver is guilty of the DUI in order for a conviction to take place.
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