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What happens at a pretrial conference for pending dui charges? I had a hearing a month ago that I plead not guilty, do I have to
Anonymous3 views4 answers
even go this time? 4yrs ago I was arrested for DUI charges but my attorney got it down to wreckless driving, will this play a part on my current charges? Also, if I have an attorney do I have to even show up at the pretrial? Will I lose my license or do any jail time, I am to leave for vacation the day after this hearing.
(PRETRIAL CONFERENCE)
1 DISREGARDING STOP SIGN
2 OPERATE MV U/INFLU OF ALC/DRUGS W/.08, AGGRAVATOR, 1ST OFF
3 RECKLESS DRIVING
You must attend all scheduled court dates unless your lawyer tells you otherwise. Your prior arrest will come into play, but it would be much worse had it not been reduced
These are all questions you should be asking YOUR LAWYER. That lawyer is in a far better position to answer your questions than can be anyone, even the best lawyer alive, over the Internet.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others.
Thank you.
--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm
--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
http://www.facebook.com/MadisonWiDrunkDrivingLawyer
--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
http://addbalance.com/fieldsobrietytests.htm
--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
http://addbalance.com/duidrugs.htm
--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
http://addbalance.com/duimath.htm
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm
DISCLAIMER:
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This Answer is provided for general educational purposes only.
See “more” link below for more important information about this answer and .
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
The case proceeds from arrest to arraignment; then to a pretrial conference (or more); then to trial by bench or 6 person jury. You always have to appear in person when charged with a felony. Misdemeanors also, unless excused by the court of your defense attorney. Your attorney will negotiate with the prosecutor and any police officers or BAC operator and try to reach a settlement acceptable to you.
If convicted of a DUI first, you will loose your license for 30 days.
The DUI statute is reproduced below:
Kentucky Revised Statutes
Title 16. MOTOR VEHICLES
Chapter 189A. DRIVING UNDER THE INFLUENCE
Current through 2012 First Extraordinary Session
§ 189A.010. Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited - Admissibility of alcohol concentration test results - Presumptions - Penalties - Aggravating circumstances
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state:
(a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;
(b) While under the influence of alcohol;
(c) While under the influence of any other substance or combination of substances which impairs one's driving ability;
(d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle;
(e) While under the combined influence of alcohol and any other substance which impairs one's driving ability; or
(f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).
(2) With the exception of the results of the tests administered pursuant to KRS 189A.103(7), if the sample of the person's blood or breath that is used to determine the alcohol concentration thereof was obtained more than two (2) hours after cessation of operation or physical control of a motor vehicle, the results of the test or tests shall be inadmissible as evidence in a prosecution under subsection (1)(a) or (f) of this section. The results of the test or tests, however, may be admissible in a prosecution under subsection (1)(b) or (e) of this section.
(3) In any prosecution for a violation of subsection (1)(b) or (e) of this section in which the defendant is charged with having operated or been in physical control of a motor vehicle while under the influence of alcohol, the alcohol concentration in the defendant's blood as determined at the time of making analysis of his blood or breath shall give rise to the following presumptions:
(a) If there was an alcohol concentration of less than 0.05 based upon the definition of alcohol concentration in KRS 189A.005, it shall be presumed that the defendant was not under the influence of alcohol; and
(b) If there was an alcohol concentration of 0.05 or greater but less than 0.08 based upon the definition of alcohol concentration in KRS 189A.005, that fact shall not constitute a presumption that the defendant either was or was not under the influence of alcohol, but that fact may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant.
The provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the questions of whether the defendant was under the influence of alcohol or other subs
In Boone county you will wait for awhile. The prosecutor will speak with both the defense attorney and the officer. The defense attorney also has the opportunity to ask questions of the officer and receive all discovery. Boone County has open discovery and you can request the officer's notes, any videos and the officer will speak to the defense attorney. You do have to appear at the pretrial unless your attorney tells you otherwise. They will likely make you an offer, but generally in Boone County the offer will be a plea to the DUI and they may dismiss charges 1 and 3. You should hire a good DUI attorney to see if you can beat the charges.