How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Justice For All Your Own Question

Justice For All
Justice For All, Attorney at Law, JD
Category: Legal
Satisfied Customers: 1349
Experience:  Over 8 years of legal experience /family law, general practice, and criminal defense.
7902899
Type Your Legal Question Here...
Justice For All is online now
A new question is answered every 9 seconds

What will happen at an arraignment for DUI since my lawyer ...

Customer Question

What will happen at an arraignment for DUI since my lawyer told me to waive the hearing so that I would not have jail time. He said that I would have my license suspened for 60 days, and go to ARD classes. This is my first and only offense. The lawyer said that at the arraignment it would just be processing work and than the interview with the DA to see what level of the ARD classes I would need to take. I asked if I could have a "Restricted Suspended License" and he said no because this is only done if the suspension is for one year. I am the primary caretaker of my elderly parents and want to still take them to their doctor appointments, grocery shopping, etc. I also have my own business and am looking for an IT position. Please advise. Thank you.
Submitted: 6 years ago.
Category: Legal
Expert:  Justice For All replied 6 years ago.

Hi Customer,

At a DUI arraignment, you would be required to enter a plea of guilty or not-guilty. For a plea of guilty you may be sentenced immediately. If a plea of not-guilty is entered a court date will be given for the trial.

With a skilled DUI lawyer on your side you may not even have to appear at your arraignment. At the arraignment the attorney will be merely stating that he or she is your attorney and will be setting a pretrial hearing.

At the pretrial heraing, your attorney will be attempting to have your charges thrown out, determining if the police officer had a "reasonable suspicion" to stop you, determining if the officer had "probable cause" to arrest you, and trying to get suppressed any improperly obtained sample of your blood, breath or urine. After this hearing, the judge will then decide whether or not to throw your case out or proceed on to trial.

Unfortunately, your attorney is right in that you will not be eligible for a restricted license due to the fact that your license will only be suspended for 60 days.

I hope this helps! If this has helped, please accept so that I may continue to help others as well.

Jennifer

 

Justice For All, Attorney at Law, JD
Category: Legal
Satisfied Customers: 1349
Experience: Over 8 years of legal experience /family law, general practice, and criminal defense.
Justice For All and 17 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your response. I am not going to have a trial, as I have already seen the magistrate and signed a paper to waive my right to a trial so that I would not have jail time. I would have the 60 day license suspension and the DA would decide how long I would attend ARD classes. My lawyer told me that the arraignment is "process work" and than the interview would occur with the DA right after the "process work."
Is this correct and can you give me any other information. Thank you again. Tinat74
Expert:  Justice For All replied 6 years ago.

Your lawyer is correct in that it is just paperwork. Since this is a first time DUI, you definitely did the right thing in waiving and getting the DA to set ARD classes. If you had attended arraignment there was a possibility of jail time; however, I would have recommended the same waiver.

I hope this helps ease your mind. Make sure though that prior to talking to the DA that he or she has already agreed to ARD classes and set the time.

Good luck!

Jennifer

_____________________________________________________________

Customer: replied 6 years ago.
Thank you very much for your quick response. I am obviously very scared. I already saw the magistrate. My arraignment is on March 6th. Do I need to tell my lawyer to arrange for the ARD classes before March 6th? He said that I needed to meet with the DA first to asess the level of ARD classes. I will be meeting with him closer to the arraignment. Tinat74
Expert:  Justice For All replied 6 years ago.

No, you don't have to arrange them before. I would just make sure the DA agreed to these prior to. From what you have told me, it sounds like he has. I know this is very scary for you; however, it sounds like your lawyer is taking care of you.

Everything will work out and this will all be over with soon.

Good luck with everything!

Jennifer

__________________________________________________________________

Customer: replied 6 years ago.
Thank you very much for your time and expertise.
Tinat74
Expert:  Justice For All replied 6 years ago.

You are very welcome. If you ever need help again, just let me know.

Jennifer

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.