Misdemeanor DUI Case Progression Information
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This is information being provided in order to give you a general outline of how your case will proceed with DM Cantor. If you were served with an “Administrative Per Se, Implied Consent” MVD Affidavit on the date of your arrest, we will file a Request for Hearing with the MVD. If your case involves the taking of blood during your DUI arrest, you will need to wait and see whether your results come back above or below a .08. If they are above a .08, the Officer will forward a request for Suspension to the MVD office. The MVD office will then notify you with a Notice of Suspension. The moment you receive this from the MVD, contact DM Cantor immediately, so we can request a Hearing on your behalf.
It usually takes the MVD approximately two months to send out a Hearing date notice after we send in a Request for Hearing. The Hearing is then usually held one month after the notice is received. During this two to three-month time span, your license is valid and you are allowed to drive. You will either have the yellow copy in your possession (if your case was a “breath” case), or it will be entered in the computer that you are okay to drive if you are a “blood” case. If you are stopped by an Officer during that period of time and he informs you that your license is Suspended, simply tell him that DM Cantor is your attorney, and we requested a Hearing on your behalf. If he cites you for driving on a Suspended license, don’t panic; simply bring in the ticket and we will take care of it.
Prior to the MVD hearing, we will have you meet with us in our office to have a “pre-MVD consultation.” At this time, we will go over the police report with you, and discuss whether it is necessary for you to be present at the Hearing to testify.
Your very first court date is what is known as an “Arraignment.” At this point, we will enter a plea of not guilty. After this, “Pre-Trial Conferences” will be held approximately every thirty (30) days between a DM Cantor Attorney and the prosecutor. The purpose of the Pre-Trial Conference is to determine whether all of the “Discovery” has been completed. Discovery includes investigation of all witnesses, all forensic evidence, documentation, consultation with experts (if necessary) and all other issues which need to be explored prior to the consideration of any type of Plea Agreement or Motion filing. All Motions and Motion Hearings will be conducted during this Discovery phase and you will be informed whether your testimony and presence will be necessary at any potential Motion Hearings.
Remember, it can take three to five (3-5) weeks before we receive the police report from the prosecutor after we submit our Request for Discovery. The main progress regarding your case will begin once the police report and other Discovery is obtained roughly three to five (3-5) weeks after you have retained DM Cantor.
After all Discovery is conducted and completed and all Motions have been filed, you will be brought in to discuss the basis of those Motions and whether you will be required to testify at those Motion Hearings. Once the Motions are argued and ruled upon by the Judge, you will be informed of the outcome. If the case is not Dismissed during the Motion process, final plea negotiations will be entered into with the prosecutor. After a final Plea Officer is received, you will be brought into the DM Cantor office to discuss whether you choose to accept the prosecutor’s offer, or whether you wish to proceed on to Jury Trial and fight the State’s allegations.
Staff are not attorneys and they are not allowed to answer any technical, legal questions. However, they can answer procedural questions which deal with the “when” and “where” of your case’s standing. Only the Attorneys can answer the “how” and “why.” Cases are typically assigned to one Partner and one Associate (the “Primary Attorney”). Because the Partner cannot be everywhere at once, the Primary Attorney will do most of the leg work, and you will have most of your contact with them and their Paralegal.
DM Cantor maintains an open-door policy and you can call in to have questions answered at any time, or set up an appointment to meet in person. We normally attempt to return phone calls within twenty-four to forty-eight hours. Please keep in mind that we are very busy and we are in court and meetings most of the day. We are not ignoring you if it does take up to 48 hours to get back to you. We normally maintain updates and contact approximately every thirty days (usually after each Pre-Trial Conference).
If you receive any mail from the Courts, police, or MVD, contact DM Cantor immediately. Do not discuss your case with the police, insurance companies or witnesses. Have them contact DM Cantor if they have questions.