How Florida DUI Cases are handled in the Courtroom
Jul 31, 2020 13:43
The type of substance the DUI offender was under the influence of will determine how the case will be handled in court. For example, was it alcohol, a prescription drug, marijuana, or heroin or cocaine. All of those things affect the body differently. What's going to be important is recognizing what substance it is, how it affects the body, and then look at the person and watch their video.
According to Philip Kim DUI Lawyer, this stage is most crucial when it comes to protecting the interests of the accused. It is important for the attorney to be prepared with all the requisite evidence to ensure that the charges, which are going to be slapped do not cut much ice with the judge. A good DUI attorney does his magic at the filing motions stage of the legal journey.
With that said, in every Florida DUI case, there will be two different kinds of cases that will stem from a DUI offense. In addition, to a civil case that will be filed against you with the DMV, you will be potentially facing criminal charges and penalties that you will have to account for. There are various processes and procedures that are part of the DUI court process.
Typically, the first appearance will be a hearing within the first 24 hours of the time; you were arrested for a DUI. When you go to the hearing, a judge will inform you of your charges and will review the police reports that were filed. You will also be told you have the right to hire an attorney.
The first step of the Florida DUI process is known as an arraignment. This is a formal hearing where you will be charged with the DUI. During the arraignment, you will have the opportunity to make your case and plead guilty or not guilty.
From there, your attorney will file the proper paperwork that will waive your appearance at the hearing. Your attorney will then enter with a plea of guilty or not guilty and request a trial on your behalf. A jury trial will then make your decision, and your attorney can examine any evidence against you.
You will then have to go to your pretrial conference. A pretrial conference is a hearing scheduled several weeks out from your arraignment and before your pretrial. The date of your trial could be postponed if there ends up being issues with any other negotiations, evidence, or the availability of the witness.
When it comes to filing motions, the defense typically requests evidentiary hearings scheduled on the day of the trial. Your attorney will go back and forth in court, and as a result, the judge will decide on the cases' essential issues, such as the evidence. Moreover, any new evidence in support of you may be argued for you at the hearing.
The majority of Florida DUI cases will be resolved before they have reached the date of the trial. However, all Florida DUI defendants have a constitutional right to a trial. Usually, a DUI trial will consist of seven jurors.
If you make the choice to take your case to court, the court system will aim to prove their case against you. They will examine various factors, such as the tests that were administered to determine the BAC level. There are various methods for which an attorney can present a case to the jury and prove exactly what it was that was impairing the person while operating their vehicle.
Ideally, the person would have consented to a blood draw, which is the most reliable way to precisely determine how intoxicated the person was.
Furthermore, a urine test can be done, and although that test is not as reliable as a blood sample, it's still an effective test to see what kind of influence the person was on.
Lastly, there is a breathalyzer test, which many people are aware of. There are other cases that a civil attorney can pursue related to drinking and driving. They're called dram shop cases, and that's Florida statue 768.125. What dram shop liability means is that an establishment such as a bar or restaurant serves a person to the point that they were intoxicated. Then, that person went out and caused an accident that either injured or killed someone.
Dram Shop Law
Dram shop law means that the establishment either served a minor and that minor went out and injured or killed someone. On the contrary, an establishment can also be held liable if they serve someone known as a habitual drunkard. A habitual drunkard is a person who is an alcoholic.
In a civil DUI case, there may be an injured party, and they can seek something called punitive damages. Punitive damages are a very specific kind of damages with the intent of them being to punish the DUI driver. They're intended to punish them and send a clear message that their reckless behavior is unacceptable and will not be tolerated.
From your DUI arrest to the trial phase, you will put yourself in a better position to stand up for your rights with an experienced DUI attorney. Dealing with an DUI is hard enough, so don't go into it alone. You should always be represented by the DUI lawyer in Orlando to receive the outcome you deserve
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