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NEW YORK DUI PROCESSFollowing an arrest for drunk driving in New York, you will be taken into custody and "booked." During this booking process, your photograph will be taken, you will be fingerprinted, and a preliminary bail amount may be set (to be paid before your release). If you are released from custody, you will be given a notice stating when and where your first court appearance will take place.ARRAIGNMENT  The first court appearance following an arrest for DUI in New York is called the arraignment. At this hearing, the judge will inform you of the charges that have been filed against you and ask you to enter a plea. If you are still in custody, the conditions of your bail will be set. If you do not already have an attorney, the judge will notify you of your right to have a court-appointed attorney represent you at future court dates. The judge will also confiscate your driver's license at this time and suspend your privilege to drive in the state of New York. If you refused to submit to a chemical test, the judge will notify you of how to request a hearing with the New York DMV to contest the suspension.NOTE: It is highly encouraged to at least consult with, if not retain, an experienced New York DWI attorney in your area prior to your arraignment. If you enter a plea of guily, the judge will likely impose a sentence at this time. If you enter a plea of not guilty, your case will be set for trial. PRELIMINARY/MOTION HEARINGS  In New York DWI cases, court appearances prior to trial are called preliminary hearings. These hearings are an opportunity for both sides to go before the judge and update him/her on the status of the case. Preliminary hearings may deal with issues such as scheduling and discovery. They also serve as valuable face time with the prosecutor to help negotiate pleas.Motion hearings are hearings requested by the defense to deal with issues that must be resolved prior to trial. The most common motion hearing involves the issue of evidence suppression. At motion hearings, testimony by officers or experts may be heard. Your presence at these hearings is typically mandatory. DWI Trials and the New York DWI Process There are two possible types of trials in New York for DWI - Jury trials and Bench Trials. In Jury trails, 6 jurors will determine questions of fact, while the judge determines issues of law. In Bench Trails, the judge plays the role of both judge and jury. DWI cases that contain complex issues and evidence may be harder for a jury to understand, in which case a bench trial may be more desirable. At the DWI trial, the prosecution bears the burden of proving all elements of your DWI charge beyond a reasonable doubt. Your attorney will have the opportunity to cross examine the police officers that were involved in your case, and will have the option of calling expert witnesses to testify as well. Once the final decision in the DWI trial is reached, a sentence will be imposed or all charges will be dismissed. If found guilty, the DWI defendant may file an appeal. If you have been charged with DWI in New York, consult with an experienced attorney for more information on the DWI process and what to expect in your case. |
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