Court Proceedings

How is my case going to proceed at each hearing?

Arraignment

This is the first hearing in the court system. At this hearing you will be asked three things: 1) your name, 2) whether you know what you are being charged with, and 3) how you plead – guilty or not guilty.

The Judge will then impose the conditions of release which may include:
• Bail;
• Restrictions on consumption of alcohol;
• An alcohol evaluation and follow up with the treatment recommendations;
• AA meetings;
• Maintaining an ignition interlock device; and
• Any other conditions the court may deem necessary and appropriate

Pretrial Hearing

A pre-trial hearing is the second hearing in your court case. It is at this hearing where the court will inquire about the status of your case. Between the Arraignment and Pretrial hearing your attorney will negotiate the best resolution possible for you. If your attorney and the prosecutor can come to a favorable resolution for you this is the time when cases are often resolved. More commonly, however, this will be the time that your attorney will file motions and set a date for them to be heard. Do not be surprised if this hearing is continued more that once.

Motions Hearing

A motion hearing is where the judge will determine what evidence may or may not be used against you if the case were to proceed to trial. At this hearing, the police officer involved in your case will testify and your attorney will have an opportunity to question them. The court will hear legal arguments about your case and issue a ruling about them. This hearing can take place several months after your arraignment date. This hearing is very useful in preparing the case for trial and can lead to a resolution of the case short of trial.

Readiness Hearing

A readiness hearing is where your attorney and the prosecutor have to answer whether or not they are ready to proceed to trial. Negotiations for a plea can and are still conducted at this hearing.

Trial

A trial is your attorney’s chance to persuade a jury that you should not be convicted. If your attorney can not reach an acceptable resolution for you, your case will proceed to trial where it will be heard in front of a jury of 6 members. The prosecutor will present evidence through witnesses to prove guilt beyond a reasonable doubt, which is the highest burden of proof in the legal system. Your attorney will question the witnesses and call witnesses on your behalf. You have the right to testify or not testify. If you choose not to testify no one can force you to take the stand, you have the right to remain silent. If you choose to testify, the prosecutor is allowed to question you about the case and anything you say while testifying. At the conclusion of your trial, a verdict will be reached and a finding of guilty or not guilty will be entered.

DOL Administrative hearing

A DOL hearing is where a hearing officer will determine whether or not you lose your license. Your hearing will be held within 60 days after your arrest. Remember you only have 30 days from the date of your arrest to submit your hearing request. The hearing is usually held over the phone between the hearing officer and your attorney. Arguments for the defense need to be very compelling to succeed. You can represent yourself, but remember that the DOL hearing examiner is usually an attorney who most likely will act as both the prosecutor and judge.

At the conclusion of the hearing you will either be given a ruling or receive notice by mail at a later date as to the outcome of the hearing. You are eligible to drive until you receive the ruling from the DOL.