DUI Defense Stages
***It is CRITICAL to note that unless you request WITHIN TEN DAYS a DMV Administrative Per Se (APS) hearing, to contest the matter, the DMV will automatically suspend your driver’s license***
This evidence may include video of the stop and roadside interview, if such recordings exist; the police officers notes, logs and transport records; any video or audio recordings made at the police station; and any usage logs, maintenance and repair reports, and downloaded data for any machine used to test the breath. Again, this is a great opportunity to look for defects in the evidence. If you hire us, there is no need for you to attend the APS hearing. In fact, we typically prefer our clients not to attend, as hearing officers are often skilled in eliciting damaging admissions from drivers.
The possible deal we can reach for your will be based on examined evidence and the discovery which we conduct. Examples of things we will bring up to the District Attorney are breathalyzer machine records, investigating conditions that may have caused a false BAC reading, investigating technical defects in case and etc…
There is typically a Pretrial Hearing 30-90 days after the arraignment. During this time we conduct our investigation and discovery regarding your case.
It is at this hearing that a lot of the negotiating is done to either get the charges reduced or dismissed. At this hearing your attorney will have one on one discussions with a District Attorney. There may be several of these hearings before the case progresses, or is dismissed.
Depending on what we find in our investigations, at this point we may file motions to suppress evidence (among other motions which may help the case).