You are searching about Have One Purpose To Organize The Answers To What-If Questions, today we will share with you article about Have One Purpose To Organize The Answers To What-If Questions was compiled and edited by our team from many sources on the internet. Hope this article on the topic Have One Purpose To Organize The Answers To What-If Questions is useful to you.
What To Do When You’ve Been Charged With Driving Under the Influence
You wake up and realize that you were stopped last night by the Police. They arrested you for DUI and punched your license. After giving you a lot of paperwork, they send you home. Now what?
After the initial shock of being accused of a crime, you have to start making decisions about what to do. There are two distinct areas you should focus on: The DUI Court Process and The Licensing Department.
The following steps will give you a good start:
Organize your paperwork
1. Get a file folder to keep all your papers. It may not be necessary, but you’ll be glad you did later.
2. Find your citation. It’s the little yellow piece of paper. This will tell you the date and time of your Arraignment. Mark this date on your calendar as you must be in Court on that date and time. We will discuss how to prepare for your Arraignment later.
3. Find your Department of Licensing Hearing Request Form and read it.
Write down what happened
While everything is still fresh in your mind, write down what happened. The natural human reaction is to write down only the important events – like how the officer treated you. However, your attorney will want to know what you are doing before you start drinking. Start the page with “For my lawyer” then write the answers to: Where are you? Who is with you? When did you start drinking? How much did you eat? How much did you drink? What do you drink and how long is your period? Do you have receipts – can you get them? Record the entire time period including before, during and after the arrest.
DOL Hearing request
The Licensing Department will attempt to suspend your license once the officer sends them a Breath or Blood Test Report. The Department will automatically suspend your license 60 days after your arrest – unless you challenge the suspension.
Among all the papers given to you by the official is the Request for Administrative Hearing. You only have 30 days to send your request and it will cost you $200. There should also be a Fee Waiver form that you can fill out if you cannot afford the $200.
A common strategy is to wait until the end of 30 days before sending your request. The idea is that since the DOL has to schedule your hearing before the 60 days run out, taking your full 30 days (or to be safe, 29 days) will make it harder for them to schedule in a time hearing. Be careful not to wait more than 30 days to request your hearing because the Department will deny your request if it is postmarked more than 30 days from the arrest. Another good idea is to send your request certified. That way, you will have proof that you sent it on time.
Going to Court
Going to Court can be very stressful. Knowing what you have, however, can greatly reduce stress levels.
Your first appearance in Court, called an Arraignment, may be the only time you have to face the Judge alone. Whether you feel guilty of a crime or not, always plead not guilty. Don’t feel that pleading not guilty, if you think you are, is lying to the Court. What you’re saying is that you want to take time to: First, see if the State can prove you’re guilty and Second, even if they can decide what punishment is appropriate given the facts of what happened and of your criminal. history (or lack thereof). A Judge will not punish you for taking your time deciding what to do in a criminal case.
An attorney may accompany you to the rest of your Court Dates. Although it is entirely your choice to have a lawyer or not, few people have the skills to successfully defend against any criminal case, let alone one as complex as a modern day one. Driving Under the Influence charge.
Having a lawyer help you with your case usually means that you don’t have to talk to the Judge, except to answer questions like: Do you understand what is happening and is it OK with you? Your lawyer should be able to explain to you exactly what the issues are in your case and what will happen in Court.
If you don’t understand what’s going on in your case or what the issues are, talk to your attorney. It’s his job to explain everything to you. The mark of a good lawyer is one who keeps you informed throughout and makes you a part of the decision making process.
You may return to Court several times over the course of your DUI case. The number of times you have to go back and what Court dates will be is a function of the number of legal issues (defenses) in your case and how well the plea negotiations went.
The goal of any competent attorney is to give you options on how to resolve your case. These options range from going to a Jury trial to pleading guilty to something – preferably to a reduced charge.
Regardless of the options that arise in your case, remember that you must decide which option to take – so make sure you understand all the consequences of each option before you decide.
The hearing you request from the Department of Licensing (DOL) is very different from the types of hearings or trials you receive in Court. Over the years, our Court System has developed rules designed to ensure that everyone receives a fair hearing. The Washington State Legislature decided that such protections were inconsistent with how they wanted the DOL to operate. As a result, the hearing examiner at a DOL hearing is required to:
1. Consider the truth of the evidence of the prosecution or department. RCW 46.61.506(4)(b). This means that if the officer writes something in his report and you testify that the officer made a mistake then the hearing examiner is required to believe the officer.
2. If a sworn report is submitted to the DOL, then that report is considered “prima facie evidence” that the officer had “reasonable grounds to believe that the person was driving or was in actual physical control of a auto in its contents. state while under the influence of intoxicating liquor or drugs…” RCW 46.20.308(8). You may note that the officer’s sworn report does not necessarily actually say that you were intoxicated (or anything else for that matter) but the law says that the hearing examiner must treat it as such. it is done.
There are other differences, of course, such as giving the Rules of Evidence (WAC 308-103-120) and not necessarily the witnesses against you actually being there. However, using only the two points listed above means that the only way to prevail in a DOL hearing is: 1. If the DOL cannot schedule a hearing within 60 days or 2. The Official fails to submit a sworn report.
Whether you lose your license because of action by the Department of Licensing or because you have been convicted of a crime, do not drive until you are reinstated by the Department of Licensing.
The amount of time you can remove your license depends on factors such as: The number of priors, The level of alcohol in your body, and If there is a refusal or not in the test of Breath or Blood. Suspension lengths are listed in DUI Penalties [http://www.cahoonlawoffice.com/duipenalties.htm]
The Licensing Department will notify you in writing of the items required to reinstate your license. This usually means you need to:
1. Wait for the suspension time
2. Pay a fee to return
3. Show proof of SR22 insurance
4. Show proof of completion of alcohol evaluation
Getting caught driving before your license is reinstated can be very serious and lead to two hours in jail as well as an additional license suspension.
During the suspension, you can apply for an Occupational or Restricted Driver’s License. If approved, this temporary license will allow you to drive to and from work. It does not, however, replace a normal license as it only allows driving for specific purposes.
Hire an Attorney
The most important characteristic of a lawyer is the ability to communicate clearly. If you don’t understand what your lawyer is saying, chances are nothing will either. Choose someone who knows the law, can explain it to you in a way you can understand, and is able to balance the ability to negotiate with the ability to fight aggressively on your behalf.
Copyright (c) 2007 The Cahoon Law Office – All rights reserved.
Video about Have One Purpose To Organize The Answers To What-If Questions
You can see more content about Have One Purpose To Organize The Answers To What-If Questions on our youtube channel: Click Here
Question about Have One Purpose To Organize The Answers To What-If Questions
If you have any questions about Have One Purpose To Organize The Answers To What-If Questions, please let us know, all your questions or suggestions will help us improve in the following articles!
The article Have One Purpose To Organize The Answers To What-If Questions was compiled by me and my team from many sources. If you find the article Have One Purpose To Organize The Answers To What-If Questions helpful to you, please support the team Like or Share!
Rate Articles Have One Purpose To Organize The Answers To What-If Questions
Rate: 4-5 stars
Search keywords Have One Purpose To Organize The Answers To What-If Questions
Have One Purpose To Organize The Answers To What-If Questions
way Have One Purpose To Organize The Answers To What-If Questions
tutorial Have One Purpose To Organize The Answers To What-If Questions
Have One Purpose To Organize The Answers To What-If Questions free
#Youve #Charged #Driving #Influence