Going to Court – The Arraignment Hearing

 Once a DUI citation is issued, you have been formally charged with the offense. This triggers the first of several court hearings – the Arraignment. You will receive a “Notice of Arraignment Hearing” by mail indicating the date, time, and location of the hearing. The hearing will be held at the Pinellas County Justice Center located at 14250 49th Street North Clearwater, Florida 33762. You can expect to receive a new notice in the mail for each hearing that is scheduled in your case.

The purpose of the Arraignment Hearing is (1) formally advising you of the charge(s), and (2) determining your plea (Guilty, Not Guilty, No Contest). Without an attorney representing you, your attendance at the Arraignment Hearing is mandatory. Under most circumstances your lawyer will appear on your behalf, and you will not need to attend. If you do not hire an attorney, and do not attend this hearing yourself, an arrest warrant for “Failure to Appear” will be issued.

In situations where the Court has ordered you to wear an alcohol monitoring anklet, or if there are other issues to address early on such as travel, work, or school, you may be asked to attend this hearing so your lawyer can make whatever requests become necessary.

If your case involves a charge of Felony DUI, DUI with Serious Bodily Injury, DUI Manslaughter, Leaving the Scene of an Accident with Serious Bodily Injury, or Leaving the Scene of an Accident with Death, your Arraignment Date will come later than if your charge were a misdemeanor DUI. This is because the Office of the State Attorney conducts its own investigation into the facts, law, and evidence of each case before filing a felony charge. If the State does charge you with one of the above felonies, you will then receive your “Notice of Arraignment” by mail.

Moving Your Case Forward – Pretrial Conferences

If a plea of “Not Guilty” is entered at the Arraignment, the Court will set a new hearing called a “Pretrial Conference” about a month into the future. There may be several Pretrials as the case moves along. Each subsequent Pretrial Conference has a different goal, and the Judge may grant or limit further continuances based on how your case develops. Your lawyer will communicate with you in advance of each hearing to advise you of whether you need to attend. Questions commonly asked by the Judge at a Pretrial Conference are:

• Has the Defense received discovery from the State? 
• Has your attorney identified any legal issues that serve as the basis for any Motions?
• Is the Defendant eligible for any diversion programs?
• Have the State and Defense agreed to a resolution?
• If the State and Defense can’t agree on a resolution, should the case should be scheduled for trial?

How Long Will This Last?

A misdemeanor DUI case will take on average between four and eight months to resolve. This is called the “Pretrial” phase of your case and several issues such as outstanding discovery, Motions, and plea negotiations may be dealt with during this time. During the Pretrial phase, our office maintains communication with clients to keep them informed about the status of their case. Because your ability to attend each court hearing can depend on work, school, childcare, and the status of your driver’s license, our office works to minimize the number of hearings you must attend. Once the State and Defense agree to a resolution or, if a trial will be set, a “Final Pretrial” will be scheduled and your attendance will become mandatory.

Resolving Your Case – Substance Over Speed

The highest goal in any criminal case is to obtain the correct outcome and not the quickest outcome. While a standard DUI charge is classified as a misdemeanor offense, these cases can quickly become complex once review of the discovery begins. This is because that review may cover police reports, witness statements, medical records, urine, breath, and/or blood tests, expert opinions, accident reconstructions, autopsy reports, and other scientific evidence. The speed at which a case moves also depends on your lawyer’s review and analysis of state statutes, constitutional law, administrative and procedural regulations, and whether your lawyer has the need to file a Motion to Suppress or Motion to Dismiss.

We advise our clients to make efficient use of this time by taking steps such as having your driving privilege reinstated, completing DUI school and an alcohol/substance abuse evaluation, alcohol/substance abuse treatment, or community service. While completing these tasks cannot change the facts of your case, having completed them may better your position in the eyes of the State and the Judge.

It’s important to know that completing tasks like the ones described above is not seen as an admission of guilt. Instead, completing them can benefit you by serving as a sign of responsibility and may support an argument that a reduction in the charge from DUI to Reckless Driving or a more lenient sentence is warranted.