It would be a good idea to call several attorneys in order for a consultation and an estimate. First, they would want to find someone offering a free consultation, and second they would need to make sure that the attorney they chose was someone they could have a good relationship with, a good rapport with, and someone who they felt understood their goals and their situation. The attorney should be somebody who will pay attention to their case and has the best shot at getting a favorable outcome. Not every attorney is the same and not every attorney would work with every client the same way, because sometimes personalities clash. There are also differences in rates and other factors, so it would always be good to at least have phone conversations with a couple of different attorneys, if they could not attend a those different consultations in person.
Should Someone Be Mindful About Upcoming DMV Hearings And Make Sure All Pertinent Documents Are Gathered?
Someone who got arrested for a DUI would technically be dealing with the Driver’s License Division, not the DMV. They are related but have different offices within the state government. The license would be suspended automatically when someone is arrested for DUI, unless they requested a hearing and convinced them that the officer did not have reasonable grounds to arrest the person. The hearing would have to be requested within 10 days of the arrest, and the clock would start the day the person got arrested, so it would always be a good idea to have that hearing.
Should Someone Note Important Dates Like Arraignments And Hearings So They Could Take The Day Off From Work?
Yes, however this is something that varies from the state to state. In Utah, someone who was arrested for a DUI would only face misdemeanor charges if it was just a regular DUI or their first DUI with no serious injuries or anything like that. That type of case would go through the justice court instead of the district courts first. Someone who had an attorney could actually have their attorney file an appearance for them and enter a plea, so they would be able to skip the arraignment. The first thing scheduled would be the pretrial conference. It would depend on the situation, but someone could have their attorney attend that also, if they did not want to go. The dates would be scheduled through the attorney, which would be one of the silver linings of hiring an attorney, because they would take care of some of those things and would make sure the client knew when they were supposed to be there.
Someone who did not hire an attorney would obviously need to make sure they knew which dates they were supposed to go to court and things like that. They would need to make sure they were aware of their date of arrest, because they would only have 10 days to request the hearing at the Driver’s License Division. This would be the only important date they would have at that time because the case would not have been formally filed till then. The police officers would send their files to the prosecutor in the city that was prosecuting the DUI, so the prosecutor could review the file and decide whether or not he wanted to file charges. This sometimes happens within a few days or so, but it would not be uncommon for it to take a couple of weeks or even months for charges to actually be filed, so the person would not have a court date until then. It would be important to keep track of the mail, and to ensure that the Driver’s License Division had the correct address so the person would know if a notice of the court date was sent. There really aren’t any other dates to pay attention to when the person gets arrested because in Utah there is a formal filing process that has to be gone through before anything happens.
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