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The Driving Under the Influence Pretrial Conference

Driving Under the Influence Pretrial Conference

The Driving Under the Influence Pretrial Conference represents the first opportunity for the driver and the prosecution to determine if the Driving Under the Influence charge can be resolved without a trial.  By now the driver should have hired an attorney.  Through a tool called discovery, the driver’s attorney obtains a copy of all documents and evidence the prosecution intends to use at the Driving Under the Influence Pretrial Conference.

The document most drivers want to see at the Driving Under the Influence Pretrial Conference is the police officer’s arrest report.  I caution my clients that the arrest report will not reflect their recollection of what happened.  I do this to prevent the shock most drivers experience when they realize that the police officer (in their judgment) embellished the arrest report.

At the conclusion of the first Driving Under the Influence Pretrial Conference, the prosecution usually makes the driver an offer to resolve the case without a trial.  That offer is negotiated by the driver’s attorney, and can range from a jail sentence to an outright dismissal of the Driving Under the Influence charge.  Frequently, it is good practice to reschedule the matter for an additional Driving Under the Influence Pretrial Conference to give the driver a sufficient time period to fully understand the prosecution’s offer before deciding to accept or reject it.

If at any point in time during the Driving Under the Influence Pretrial Conference the driver elects to accept the prosecution’s offer, the issue of guilt or innocence is effectively ended.  Assuming that the Driving Under the Influence charge was resolved without being dismissed, the driver will have a number of responsibilities to perform.  His attorney should ensure the driver understands those post-resolution obligations that must be completed.

If the driver rejects the prosecutions offer, the case is normally scheduled for a Driving Under the Influence Trial.