One of the main questions my clients ask is "what can I do to prepare for my court date?" It is important to take steps prior to your court date to make sure that you are prepared for the consequences of the hearing. Typically, you want to prepare for worst case scenario and the good news is that you have control over what happens between the time you are charged with a DWI and your court date. Defending a DWI charge is all about preparation.
If you are convicted of a DWI charge, whether through guilty plea, or a jury verdict, you will have a sentencing hearing. At that time you will present evidence that you are not going to be a repeat DWI offender. The judge will want to hear evidence that convinces him you will not end up in front of him or hear again on a second DWI charge. If you do, that judge looks bad for letting you off too easily the first time.
Carefully read the list below and identify which steps apply to your case. You will want to do everything on the list that helps your case in any way.
Obtain an alcohol assessment from a professional. This will provide the court with information about your relationship to alcohol and you dependency on alcohol. Completing an alcohol assessment completed prior to your court date is a specific mitigating factor at sentencing; in other words, judges are required to be more lenient on you if you have completed an alcohol assessment. Obtaining an assessment is the easiest, but also the most important thing you can do to prepare for your DWI hearing. A local attorney or alcohol assessment agency can provide more information on this step.
If your alcohol assessment recommends classes, take them. Follow through with any classes that your assessment recommends. The court will almost always require you to take these classes anyway, so you can show the judge that you are taking initiative by taking the classes before you are required to.
Perform community service at a local non-profit organization. For a list of suggestions on where to perform community service see the attached. Performing community service shows that you are an active contributing member in society, and that you are taking your charge seriously.
Attend AA meetings. This would be strongly suggested if you are going to court on a second DWI charge. Many AA sponsors are willing to write an anonymous letter on your behalf stating the amount of meetings you have attended, your involvement in those meetings, and their relationship with you.
Stop alcohol use entirely prior to your court date. There are two ways to demonstrate this to the court: You can get a continuous alcohol monitoring device, or you can simply stop drinking. If you stop drinking, you will need to be able to honestly tell the judge that you are sober, and have not been drinking since the DWI. If you think you can lie to a judge in court about your sue of alcohol, you're wrong. Judges have years of experience reading people's sincerity and you won't fool them too easily.
Obtain a letter from your car insurance that says any and all property damage as a result of your DWI accident has been paid. This is absolutely necessary of you cause an accident and damage to another person's car, or if you injure someone. This letter is your way of telling the court that you have taken responsibility for your actions and paid everyone to whom you owe a debt as a result of your accident.
Speak to an attorney. Often, attorneys provide free legal consultations and will advise you of the seriousness of your charge, and which of these steps you will need to take in order to mitigate your sentencing. You can represent yourself on a DWI charge, but if you do, at least speak to an attorney so that you know what steps you will need to take.
If you are convicted of a DWI charge, whether through guilty plea, or a jury verdict, you will have a sentencing hearing. At that time you will present evidence that you are not going to be a repeat DWI offender. The judge will want to hear evidence that convinces him you will not end up in front of him or hear again on a second DWI charge. If you do, that judge looks bad for letting you off too easily the first time.
Carefully read the list below and identify which steps apply to your case. You will want to do everything on the list that helps your case in any way.
Obtain an alcohol assessment from a professional. This will provide the court with information about your relationship to alcohol and you dependency on alcohol. Completing an alcohol assessment completed prior to your court date is a specific mitigating factor at sentencing; in other words, judges are required to be more lenient on you if you have completed an alcohol assessment. Obtaining an assessment is the easiest, but also the most important thing you can do to prepare for your DWI hearing. A local attorney or alcohol assessment agency can provide more information on this step.
If your alcohol assessment recommends classes, take them. Follow through with any classes that your assessment recommends. The court will almost always require you to take these classes anyway, so you can show the judge that you are taking initiative by taking the classes before you are required to.
Perform community service at a local non-profit organization. For a list of suggestions on where to perform community service see the attached. Performing community service shows that you are an active contributing member in society, and that you are taking your charge seriously.
Attend AA meetings. This would be strongly suggested if you are going to court on a second DWI charge. Many AA sponsors are willing to write an anonymous letter on your behalf stating the amount of meetings you have attended, your involvement in those meetings, and their relationship with you.
Stop alcohol use entirely prior to your court date. There are two ways to demonstrate this to the court: You can get a continuous alcohol monitoring device, or you can simply stop drinking. If you stop drinking, you will need to be able to honestly tell the judge that you are sober, and have not been drinking since the DWI. If you think you can lie to a judge in court about your sue of alcohol, you're wrong. Judges have years of experience reading people's sincerity and you won't fool them too easily.
Obtain a letter from your car insurance that says any and all property damage as a result of your DWI accident has been paid. This is absolutely necessary of you cause an accident and damage to another person's car, or if you injure someone. This letter is your way of telling the court that you have taken responsibility for your actions and paid everyone to whom you owe a debt as a result of your accident.
Speak to an attorney. Often, attorneys provide free legal consultations and will advise you of the seriousness of your charge, and which of these steps you will need to take in order to mitigate your sentencing. You can represent yourself on a DWI charge, but if you do, at least speak to an attorney so that you know what steps you will need to take.
About the Author:
Want to find out more about Charlotte DWI Attorney, then visit Minick Law Firm's website on how to choose the best DWI Attorney for your needs.
No comments:
Post a Comment