San Diego DUI: Your Right to a Preliminary Hearing
Being arrested for a DUI in San Diego can be a stressful predicament - especially if this if your first arrest. Even though you don't have to hire a San Diego DUI defense lawyer for a drunk driving case, it may be in your best interest to hire one anyways - especially if you don't know what steps to take or believe that you are indeed innocent.
It's important to know that if you are arrested for a DUI, you have a right to a preliminary hearing. Even if you remain in jail, you are still entitled to a preliminary hearing.
A preliminary hearing usually happens within 10 days after you are arrested. If you are released from jail on bond, you are entitled to a preliminary hearing that usually takes place within 30 days of arrest.
The process of a DUI case includes a couple court proceedings. The first one is the arraignment. Next is the preliminary hearing. This is where the judge decides whether or not there is enough evidence against you bring to a jury and support a trial. Your DUI lawyer and the prosecution produce their arguments in the case. The prosecution will provide evidence to support their case. Also, if there is a witness, he/she will testify at this time.
Unless a plea bargain is an option, the prosecution's job is to convince the judge that you committed the crime of drinking and driving. Your DUI lawyer will try to expose any weaknesses in the prosecution's claims. For instance, your lawyer may challenge the chemical test results or discover that the blood alcohol test was not administered properly by police or medical staff.
Questions and Answers
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
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