Stamford DUI Case Process
Stamford DUI cases are heard at the courthouse at 123 Hoyt Street and are typically jury trials, but a person can always elect to have a bench trial if, for some reason, the person thinks that is the better strategy given the facts of his case.
Stamford DUI cases generally take at least to a year to resolve, however, this time frame is dependent upon the alcohol education program the person is going to use or if he chooses some other route. If charged, it is important to get in touch with an experienced DUI lawyer.
Elements of a DUI
In order to be convicted, a prosecutor would need to prove that the person was driving the vehicle and that they were under the influence of alcohol or drugs while actually driving the vehicle. That would be proven either with the breathalyzer or the old-fashioned way with the field sobriety tests.
Evidence Typically Used to Prove This in Court
The prosecutor will present evidence of the police officer who made the arrest. The arresting officer would tell the jury or the judge everything he saw the defendant doing; how he was acting; if he smelled of alcohol. The arresting officer would speak as to the results of the field sobriety tests which is the walk-and-turn, the horizontal gaze test, and the one-legged stand. The officer would then speak of any admission that the defendant made and the results of the breathalyzer or blood or urine test that were given.
Prosecution of a DUI Case
Stamford takes DUI cases very seriously. DUI is of special interest to the police and prosecutors in Stamford. When someone drives their vehicle under the influence, they are a danger to everyone; the community, family members, children, elderly people, adults. No one is safe if someone drives a car under the influence.
A pre-trial conference is where the defendant’s attorney meets with the prosecutor, or the prosecutor and the judge at the same time, to discuss the facts of the case and to negotiate. It is an opportunity for the prosecutor to share reports with the attorney and state his position, what his offer would be, and for the attorney to provide any information that is relevant to challenge the prosecutor on his evidence in a conversation-like style, in an attempt to reach an agreement.
Stamford DUI Sentencing
Sentencing in Stamford is typically handled along with all the other cases. If a person is sentenced for a first time DUI, he can expect a minimum of two days in jail or 100 hours of community service for just a standard DUI with no aggravating circumstances. In situations where people are hurt, if the defendant tested a very high BAC (blood alcohol content), or if there was damage incurred, then the sentencing goes up.
If a defendant agrees to a plea deal, then there is nothing to appeal. If a defendant loses at trial, they can appeal a number of issues. They can challenge the rulings that the judge made, or evidence that was presented that the defendant tried to challenge at the trial and the judge allowed. A defendant can appeal for many, many things.
When to Contact An Attorney
A person should know that a DUI can happen to anybody. As soon as a person is charged with DUI in Stamford, he should consult with a lawyer. While the police officers give the person an opportunity to talk to an attorney before he takes the breath test, and that is something that a person should do. an arrest is something that a person can recover from.