But in order to qualify, you need to be a first-time offender whose incident did not result in death or any injuries. If you do not apply, you will be given a trial date. During your trial, you will have the opportunity to either fight your charges, or plead guilty and be sentenced.
Be aware that the penalties for intoxicated driving can include several years behind bars, as well as thousands of dollars in assorted fees, and months or years of license suspension. You need to protect your legal rights with an experienced, aggressive DUI defense attorney. At this point, you are likely to be held in police custody for 18 to 36 hours. Step 2: Setting Bail Next, you will be brought before an official known as a bail commissioner, who will set your bail.
Step 1: Summons Many people are surprised to learn that most counties will simply notify you of the charges via a summons in the mail. In the counties, police officers will normally: Stop the offender. Give them the field test. Instead, the Commonwealth is merely required to produce evidence sufficient to establish a prima facie case. To present a prima facie case the Commonwealth must produce evidence of each element of the crime which establishes probable cause.
The evidence only has to be such that, if presented at trial, would warrant a case being heard by a jury. The elements of the crime of DUI — general impairment are the operation of a vehicle by a person who is incapable of doing so safely due to the consumption of alcohol. A person who refuses to submit to chemical testing can face enhanced penalties if convicted of DUI — general impairment.
The court noted that sentencing elements are not an element of the crime of DUI. Thus, the court found that the trial court erred in requesting that the Commonwealth present evidence of the refusal to submit to chemical testing at the preliminary hearing. The Superior Court noted that the prosecution had failed to present evidence that the blood was drawn within two hours of driving, so the Superior Court reversed the conviction.
Based upon the Double Jeopardy clauses in both the U. This case is an example that the prosecution must prove each and every element of a criminal charge beyond a reasonable doubt. The role of a criminal defense lawyer is to pay attention to these types of details and make sure that the prosecutor presents evidence of every legal requirement to justify a criminal charge.
For example, if a driver convicted of DUI can show the installation of the ignition interlock device on all of their vehicles will create a financial hardship, an exemption could be granted. This exemption would then only require installation on one vehicle.
It is important to remember the cost of the ignition interlock device is assumed by the person convicted of DUI. In certain situations, an employment exception may be granted. The driver would need to show they should be allowed to operate company vehicles during the scope of their employment.
These vehicles would not need to have ignition interlock installed. Additionally, A. The driver must not have been a commercial driver when they were charged with the DUI. A driver is eligible for the A. Furthermore, they must not have killed or seriously injured anyone during their DUI. From arrest to trial to sentencing, navigating a DUI charge can be a complicated process. That is why it is important to retain legal counsel as soon as possible.
Hiring an attorney who is not only experienced but pays attention to detail is vital. That is why you should contact the law offices of MPL Law. Our York, Pennsylvania-based attorneys will provide you with the best possible representation in your case.
The levels are as follows: General impairment — 0. Criminal Court in Pennsylvania Assuming the magistrate decides that there is enough evidence to send your case to trial, the judge will schedule a formal arraignment in the Court of Common Pleas. The next steps are: You will have to pay for an evaluation, which will show whether or not you have an alcohol abuse problem. You will need to attend an alcohol highway safety school, which has a mandatory time of at least 12 hours.
After the evaluation, sentencing is scheduled. This includes the mandatory minimum fine as well as jail time for repeat offenders. You will also have your license suspended.
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