What Happens After The Arrest?
Everything in the DWI timeline would be very important from the perspective of the attorney. The police would have to follow many procedures and if they made any mistakes, then a good attorney will be able to attack that and attempt to use that to their client’s benefit.
What Happens When You Are Pulled Over By The Police
According to the timeline, when you are pulled over the officer will generally ask for your license or registration; which you should have ready by the time the officer comes to you so that you can just hand it to them without having to engage in a lot of conversation.
When the officer does speak to you, one of the most important interactions will be when he asks whether or not you were drinking, which you should certainly not admit to.
If the officer smells alcohol or you admit to drinking, then they will pull you out of the car, and either give you a portable breath test, give you a field sobriety test there on the scene or they could just take you to the precinct and make an IDTU video where they would then videotape giving you the field sobriety tests as well as taking the Intoxilyzer.
Dealing With Bail And The Court Case
After that, you will go see the judge so that the issue of bail can be determined and then your case will be adjourned for about a month. The attorney then needs to file motions, litigate issues and file for discovery. These cases can sometimes be resolved at the arraignment; whereas they could sometimes be resolved at the first appearance.
More complicated cases can take up to six to eight months or even a year in situations where the prosecutor and the judge do not want to give a fair deal but your lawyer feels there is room for argument. These cases can also go on for as long as a year and a half or even two years.
Hiring An Attorney Can Affect The Outcome Of Your Case To Get Charges Dismissed Or Reduced
I recently handled a case involving a client with a CDL driver’s license, who came in with his fourth DWI arrest in Kings County, Brooklyn. He was accused of slamming into the back of a New York City off duty police officer’s vehicle, and then slamming into three parked cars as he drove away.
He was charged with misdemeanor DWI charges, leaving the scene of an accident, reckless driving and a litany of other charges. It looked like a harsher case because his reading was a 0.17, so he was over double the legal limit, especially with potentially injuring a New York City police officer.
While handling the case, we noticed a small detail. We saw that the prosecutor had served a certificate of readiness on the legal aid attorney as opposed to our law firm after we had entered a notice of appearance. We looked into it further and filed a motion for dismissal.
We argued the case and were able to get all of that gentleman’s misdemeanor counts dismissed on motion so he ended up getting a violation just like a first offender after he was arrested and convicted of three prior DWI cases. He could not believe what we were able to do for him.
This is just one of the reasons why it is so important to look through every piece of paper in the file and for us to really know the law very well.
For more information on What Happens After Arrest Until The Court Case, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (212) 500-3273 today.
Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.