Following your arraignment, you will be given a period of time to work out a defense with your DUI lawyer in Woodbridge VA. The courts will decide how long you will have based on their upcoming trial schedule. During this period, there are various steps your DUI lawyer can take.
A good starting place is for your DUI lawyer to obtain a copy of the Woodbridge VA arresting officer’s sworn criminal complaint and to interview that officer in person. Important information can be gleaned from this conversation, as well as any possible discrepancies. The dui lawyer may file a discovery motion to obtain any exculpatory evidence, which is evidence that might prove you are not guilty or that might mitigate penalties for the crime.
Additionally, your attorney may visit the arrest location to determine whether there are external factors that could impact your case. Were you perhaps weaving to avoid a road riddled with potholes? The attorney also should request maintenance records for the breathalyzer machine, as well as any of the defendant’s medical records that might be relevant.
Motion to Suppress
If there is reasonable belief that your constitutional rights have been violated by the Woodbridge VA law enforcement process, your DUI lawyer should file a motion to suppress evidence. This motion may be filed based on considerations of an unconstitutional stop, unconstitutional search and seizure, or if Miranda rights were not communicated. During the motion to suppress hearing, the court is asked to consider whether your rights have been in fact violated, and whether or not all or some evidence should be suppressed as a result.
Trial by Judge
There are no juries in Virginia District Courts, so your case will be tried by a judge. This is the point at which you will rely on the defense strategy you planned with your DUI lawyer in Woodbridge VA. The arresting officers will be called as witnesses. The judge will determine guilt or innocence, and if you pled guilty or are found guilty, the judge will also determine your sentence.