www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Ware is Howard County, Maryland-based, nationally -known and respected, and ranked by his many satisfied clients, his legal peers, as well as several national legal organizations as one of the top drunk driving defense attorneys in the United States . For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are charged and arrested in Washington, D. C. or Maryland for drunk driving.
The Washington, D. C. DUI and DWI Judicial Process
(1) The first court appearance following a drunk driving (DUI and/or DWI) arrest in Washington, District of Columbia is the ARRAIGNMENT. At this hearing, DUI and DWI defendants will appear before a magistrate judge (usually) who will formally read the charges that have been filed against the defendant (unless the reading is waived by the defendant). The defendant will be asked by the judge to enter a plea of "not guilty" or "guilty" of the offenses charged. If the defendant enters a plea of guilty at the arraignment, the judge will impose a sentence upon him or her. If a plea of not guilty is entered by the defendant, the case will be set for a pre-trial hearing or a trial.
(2) At the Pre-Trial Hearing. the defendant or his/her attorney as well as the prosecution will go before the judge (court) to update the judge on the status of the case. Issues with discovery (evidence gathering) and scheduling will be resolved, if necessary. A pre-trial conference may take place, during which the defense attorney and the prosecutor may attempt to negotiate a plea agreement. If a plea agreement is reached, the terms will be entered in court on the record. If no agreement develops, the case will be scheduled for trial and proceed to that date.
(3) The defense as well as the prosecution may litigate motions in between pre-trial and the trial.
(4) DUI and DWI defendants in Washington, D.C., as in Maryland and about all other states I am aware of, have aright to choose between a bench trial (the judge decides guilt or innocence) or a jury trial ( who must decide unanimously on guilt or innocence). Depending upon whether the defendant is found guilty, sentencing follows. If found innocent, all charges against the defendant will be dismissed immediately,
(5) Following a guilty verdict, the DUI or DWI defendant is entitled to request an appeal froma higher court for a review of the lower court's decision. Appeals must be made timely, or the right to appeal will be considered waived.
(6) First-time drunk driving offenders may be eligible for a pre-trial diversion. Defendants with prior DUI/DWI convictions, those who refused chemical testing or had a Blood Alcohol Concentration (BAC) of 0.12 or higher and persons involved in an accident are ineligible for the program. In exchange for giving up the right to a trial and the agreement to attend drunk driving classes, the prosecutor will agree to dismiss the charges.
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