- May 24, 2018 |
- Category: DUI and Courtroom Process
- Category: Past Cases
If you’ve been charged with drinking and driving in Ohio, the officer who gives you the citation will also give you the date, time and location of your first court appearance in the case. When you arrive at the courthouse, you will usually go into the courtroom where you will wait for the prosecutor, judge, or courtroom personnel to call your case. Almost all of the people in the courtroom with you are facing some type of criminal misdemeanor or traffic offense. When your case is called you will proceed to the front of the courtroom and the judge will explain the charge(s) against you. The judge will also generally give you information on the rights you possess as a defendant in the criminal justice system and the penalties associated with the charges you face. Finally, the judge will ask how you wish to plead.
When you are engaged in dialogue with the judge, you may be given the the opportunity to ask questions. The judge may allow you to inquire about your rights, the charges and the potential penalties associated with the charges. In my experience, most judges will keep dialogue with a defendant to a minimum. After all, anything you say in this forum can be used against you later if the case goes to trial. In addition, the judge likely has many cases scheduled for hearing at the exact same time as yours, maybe hundreds. As a result, there isn’t a lot of time allocated for each case. Likely just a moment or two.
There are three pleas you can enter at your initial appearance. If you plead NOT GUILTY, you are denying the charges against you and the court will schedule the case for a new hearing at a later date. If you plead GUILTY, you are giving a complete admission of your guilt. Normally, immediately after you plead guilty, the judge will issue your sentence. In a DUI case, that will almost always include jail time, a treatment program, fines and a license suspension. If you plead NO CONTEST, you are not admitting guilt, however, you are admitting the truth of the facts alleged in the complaint and the court will proceed to find you guilty. Sentencing will immediately follow with the same consequences as if you had pled guilty.
It is extremely important that all DUI defendants consult with a DUI defense attorney prior to their initial appearance. Better yet, they should retain an attorney to represent them as soon as they are charged, even before the arraignment. There are many benefits to having an experienced DUI attorney at this stage of the case. The attorney will cover the basics, such as entering his appearance of counsel, pleading not guilty on your behalf and asking the court to schedule the case for pretrial. However, the DUI arraignment is also a good time to do a couple of additional legal tasks: (a) file an appeal of the administrative license suspension; (b) ask the court to vacate or stay the administrative license suspension; and (c) submit an oral motion for driving privilege.
Many courts allow attorneys to file a written not guilty plea on behalf of their clients. That means that the DUI defendant would not need to be present at court for the initial appearance. However, if your appearance is required, the arraignment is normally a fairly quick process wherein your attorney walks you to the front of the courtroom, waives some of the formalities associated with the proceeding and pleads not guilty on your behalf. When a DUI defendant is represented by counsel, the defendant probably won’t say anything at all. In addition to the foregoing, the attorney will often: (a) file an appeal of the ALS; (b) ask the court to vacate/stay the ALS; and (c) ask the court for driving privileges; (d) and ask the court to release Defendant’s vehicle if it’s still in impound.
There are over a million laws in the United States and thousands in the state of Ohio alone. I am a Cincinnati DUI lawyer who focuses his entire practice on defending DUI cases. Because of my considerable experience and concentrated practice, I understand the Ohio DUI laws better than most attorneys in the state. I am passionate about Ohio DUI defense and I get results. If you have a DUI in or near Cincinnati and want a top Ohio DUI lawyer on your team, please give me a call.
