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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.
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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: 8 years ago.
Category: Legal
Expert:  Justice For All replied 8 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 and 5 other Legal Specialists are ready to help you
Customer: replied 8 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. Customer
Expert:  Justice For All replied 8 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

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Customer: replied 8 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. Customer
Expert:  Justice For All replied 8 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

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Customer: replied 8 years ago.
Thank you very much for your time and expertise.
Customer
Expert:  Justice For All replied 8 years ago.

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

Jennifer