Appealing a West Palm Beach DUI Case
Appealing a West Palm Beach DUI case can be a difficult decision to make. An experienced drunk driving attorney can help you weigh the options and possible outcomes for your case. Having legal assistance can help give you peace of mind when making this decision.
Why Appeal the Results of a DUI Case
A person could appeal a DUI case on one of two broad issues. Prior to a trial, if there are any legal challenges to be made to what law enforcement’s conduct was, an experienced West Palm Beach DUI lawyer would make a motion to the Court to have the Judge exclude any mention or any evidence of what the person thinks was improperly gathered or gained by law enforcement in violation of the client’s rights.
If the Judge does not grant the motion, depending upon what the motion is, the person may be able to appeal all that. Typically, appealing a West Palm Beach DUI case only occurs if someone was previously convicted during trial.
Where Does Appealing a West Palm Beach DUI Case Typically Take Place?
Most DUIs, if they are not a felony are heard in the County Court, which is a level below the Circuit Court. It is like when an individual does not like what an employee says, they go to the supervisor. The Circuit Court is above the County Court. If an individual does not think that something was right in the County Court, the individual appeals to the next level. Up from the County Court is the Circuit Court. That is what appealing to Circuit Court in West Palm Beach means.
What is a Pretrial Conference?
A pretrial conference is any hearing that is held in Court between the West Palm Beach DUI lawyer and the Prosecutor prior to trial. What happens at the pretrial conference can be a number of different things. It could be the disclosure of discovery, handing over all the evidence they will be intending to be used against the client.
Discussions can be held between a DUI lawyer and the prosecutor as to the possible resolution of the case. Discussions can be held as to the possible legal issues in the case. Also what will happen is further scheduling down the road depending on what the posture of the case is, what is to be done on the case, and what is to be negotiated on the case.
A pretrial conference is a hearing that is held prior to the actual trial of the case. What happens at a pretrial conference are generally issues of legal matters, factual matters, scheduling matters, negotiating resolutions of the case, and discussing issues related to the evidence or witnesses in the case.
Advice for Drivers at DUI Stops
DUI cases in West Palm Beach are prosecuted based on the evidence that is presented or evidence that the person gives them. Once the person is stopped and suspected of a DUI, it is recommended that they refrain from speaking with law enforcement until speaking with an attorney.
Anything the accused says and does can be used against them later in their case. Oftentimes, refusing to cooperate with law enforcement makes it more difficult for the person to be charged or convicted of a DUI if there is less evidence. A person should exercise their right to remain silent and the driver should exercise that right in the initial case or when appealing a West Palm Beach DUI case.