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What To Expect At A DUI Arraignment

What To Expect At A DUI Arraignment

Here’s what you can expect at a DUI arraignment, but first I will answer the commonly asked question of “What is an arraignment?”   My definition of arraignment is; the first court hearing in which a criminal defendant is told of the charges in an indictment, information, or complaint and asked to plead guilty or not guilty.

Now back to what you can expect at a DUI arraignment, simply stated…

1)  You can expect to be in front of a judge and it is likely that the city or state prosecutor will also be present.

2)  You can expect other people to be present in the court room.

3)  You can expect your attorney to be present at your DUI arraignment date if you hired one before your arraignment court date.

4)  You can expect your attorney to advise you of your rights.

5)  Next you can expect the judge or prosecutor to tell you the crime you have formally been charged with.

6)  You can expect the judge to ask how you would like to plead to the DUI charge, guilty or not guilty?

7)  You can expect to plead not guilty to the DUI charge?

8)  Next you can expect the judge to set conditions of release, which could include; being released on your personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if you are uninsured or your license is invalid.

9)  In most jurisdictions, you can expect to receive a copy of your police report from the prosecutor if your attorney is present.

10)  And lastly, you can expect to receive your next DUI court date, which is called the pre-trial hearing.

 

If you have been arrested for DUI and you have received your arraignment date, call David O Defense today to schedule a free DUI consultation.  Our experienced DUI defense attorneys are here to help and will answer any questions you may have.  Call our DUI defense lawyers today, 206-459-6392.

 

Written by DUI defense attorney, David O

Co-Written by Sarah Ann

 

 

“I don’t believe I am guilty of the charge (DUI)” – FL State Rep. Dane Eagle

“I don’t believe I am guilty of the charge (DUI)” – FL State Rep. Dane Eagle

Republican Florida State Representative, Dane Eagle, was arrested for DUI (Driving Under the Influence) on April 21st.  Earlier today, Eagle had a media conference where he addressed his constituents about his DUI arrest and stated, ” I don’t believe I am guilty of the charge I was arrested for.”  He continued to elaborate on his innocence by providing a persuasive account of events that happened before the arrest.

Eagle recalls the evening before his arrest as Easter Sunday spent with friends and family, “and the day did involve alcohol.”  However, he only had “very few” alcohol beverages and they were consumed earlier that day, “I do admit to drinking a few drinks much earlier in the day before.  But that evening I did not.”  Later, around 2 am, Eagle drove to Taco Bell, “the only place I knew to be open,” and Eagle said he was, “overly exhausted and hungry.”

Eagle continued by saying,  “There are two noteworthy points to address. First I should have never been out in the early morning hours, driving on very little sleep and trying to eat the food I just purchased all at the same time. That kind of distracted driving is dangerous and I thank god no one was hurt. Second, the officer had every right to pull me over because of my driving. While I dispute his conclusions, I do not dispute that I was driving recklessly and had poor judgment in refusing the breath test.”

And finally, “I should have never put myself in this situation and I regret not taking the breath test because it would have cleared up this whole matter,” he said. “I’m not asking you to look past the mistake I made but asking you to understand that I will use this to learn and to grow. I will make this up to you.”

Dane Eagle provides a very convincing recollection of events preceding his DUI arrest.  He takes a strong position that he was not under the influence of alcohol but he admits and takes responsibility for making an unwise decision for driving recklessly.  Could his explanation be persuasive enough to convince a jury panel of his innocence should his DUI case go to trial, perhaps so.

The Tallahassee police reported Eagle was pulled over at 2:17 in the morning after he exited a Taco Bell drive thru and almost hit a curb while making a U-turn followed by running a red light.  Allegedly, police could smell strong odors of alcohol coming from his car and Eagle’s eyes were blood-shot and watery.  Also, police observed stumbling while Eagle exited his vehicle.  Eagle declined the DUI field sobriety tests and refused to take the portable breath test.  Eagle explained to the arresting officer that he had not been drinking that night and that his car smelled of alcohol because his friends who had consumed alcohol were recently been in the car, and lastly the stoplight was yellow when he proceeded to drive thru it, not red.

Who’s story is more believable?  State Rep. Dane Eagle’s DUI case may be transpiring into a classic “he said, she said” case, meaning if the case goes to trial it may be Eagle’s testimony vs. the arresting officer’s testimony to determine Eagle’s DUI guilt or innocence.  And if so… may the best speaker win!

 

Written by Sarah Ann

Mel Gibson Petitions For An Expungement

Mel Gibson Petitions For An Expungement

Actor Mel Gibson is trying to clean up his criminal record by petitioning the court for an expungement to remove his no contest plea to a battery charge.  Back in March of 2011, Gibson pled no contest to slapping his wife, Oksana Grigorieva, across the face knocking out several veneers.

Gibson’s motion hearing is set for later this month where he will provide proof that he has completed all terms and conditions set by the judge during the 2011 battery sentencing, which included; 16 hours of community service, 52 weeks of counseling, 3 years of probation, and adhering to “peaceful contact” at all times with his ex-wife, Grigorieva.  After reviewing the motion, the judge will decide to grant or deny the expungement.

What is an expungement?  An expungement, also known as sealing a record or record sealing, is the legal processes of clearing a past criminal conviction and removing it from general view.  Only certain criminal charges are eligible for the expungement process and specific requirements must be met before a judge will grant an expungement.  Once an expungement is granted, for the most part it looks like it never happened and the past conviction would not need to be divulged on documents such as a job application.

Mel Gibson is no stranger to the expungement process.  Back in 2009, the Brave Heart actor was granted an expungement of a 2006 DUI that occurred in Malibu California.   Gibson was a first time DUI offender and was eligible to have the DUI expunged after he completed all of his DUI sentencing terms.  The motion was heard by Judge Lawrence J. Mira, and only took minutes for the DUI record seal to be granted.

If you would like to seal a past criminal conviction that occurred in Washington State, please contact the experienced criminal defense attorneys at David O Defense to see if you are eligible, 206-459-6392.  Please don’t hesitate to call if you have further questions pertaining to the expungement process, our defense lawyers are here to help!  206-459-6392.

Ferris Wheel on the Pier Seattle, Washington, photo taken by David O Defense - Criminal and DUI Litigation, attorney | lawyer website

 

 

 

 

Written by Defense Attorney, David O
Co-Written by Sarah Ann