The Court System and Other Information
A DUI matter is heard in Superior Court. The number and types of hearings depend upon where or not the matter is filed as a felony or a misdemeanor. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures.
In most cases, an attorney can appear for you without your presence in court.
In general, the first appearance is an arraignment, followed by either setting a state to obtain discovery, including:
• police reports
• police dispatch logs
• audio tapes
• photographs
• calibration and maintenance records
• and transcripts of proceedings.
From that point, settle discussions can take place or the matter can be set for further hearing, contesting the charges, and ultimately for trial. In most instances, the option of either a jury trial or bench trial (judge only, no jury) will be available.
Defenses exist for DUI's. You must be proven guilty beyond a reasonable doubt in order to be convicted. You have no public record of a DUI until and unless you are convicted.