1. Arrest - You have just been through a
traumatic experience, but drifting into a state of denial will not
make things better. THE MILK IS SPILT - LET'S CLEAN IT UP. You
were most likely bailed from either a police station or a county
jail. You have three papers I need to see: (1) your OUI Summons;
(2) the Intoxilyzer read-out; (3) your bail form. The Summons will
note your arraignment date and the District Court in which you are
scheduled to appear. If you spent the night in jail and were
brought before a District Court Judge, then you have probably
already had your arraignment and your next Court date will be a
hearing date. My advice at this stage in the process is to give me
a call to discuss your case. I guarantee you will feel
better.
2. Notice of Suspension - You can expect to
receive a Notice of Suspension from the Bureau of Motor Vehicles
approximately 2 to 3 weeks after your arrest. The arresting
officer is obligated to send a report of your case to the Maine
Bureau of Motor Vehicles within 72 hours after your arrest. You
will most likely receive your Notice of Suspension before your
arraignment in Court. The Notice will inform you of the date you
are scheduled to go under suspension and the length of that
suspension. YOU CAN AND WILL REQUEST A HEARING. If yon took a
breath test then the suspension of your license will be stayed
(delayed) until the date of the hearing. If you refused to submit
to a chemical test, then you will go under suspension before the
hearing on the date that is noted on your Notice of Suspension.
Your case with the Bureau of Motor Vehicles is completely
different from your case in Court. It is possible that you may
eventually be found not guilty of the OUI in Court, but still lose
your license because of the administrative action by the Bureau of
Motor Vehicles.
3. Bureau of Motor Vehicles Hearing - After
receiving your Notice of Suspension I will fax to the Bureau of
Motor Vehicles a Request for a Hearing on your behalf A hearing
date will be set up three to four weeks after the request. The
arresting officer in your case must appear at the hearing and
present evidence to show that (1) you were operating a motor
vehicle; (2) the officer had probable cause to believe you were
under the influence; and (3) your blood alcohol content was .08 %
or above or that you refused to submit to a chemical test. There
is no Judge or D.A. at these hearings. A Hearing Examiner from the
Secretary of State's office will decide your case.
4. Arraignment - This is the day the Court
case against you starts. At the arraignment you will enter a plea
of not guilty. NEVER PLEAD GUILTY TO AN OUI AT YOUR
ARRAIGNMENT. If you retain me to represent you I will enter a not
guilty plea on your behalf and you do not need to go to the
arraignment. The arraignment date triggers a twenty-one day period
within which very important Court Motions must be filed in your
case. Please do not screw-up your case at this point. Talk to
me.
5. District Court Motion Hearing -
Approximately 4 to 6 weeks after your arraignment a District Court
hearing date will be scheduled. This hearing is a chance to attack
the State's evidence against you based on the legality of the
officer's initial stop of your vehicle, and his decision to arrest
you for OUI. Also there are important evidentiary issues which the
Judge may be asked to rule on at this time. As long as a Jury
Trial Request has been filed within twenty-one days of your
arraignment, this hearing date is not about your guilt for OUI. It
is about whether or not certain evidence can be used against you
later at trial.
6. Trial Management in Superior Court - If
your case has not been negotiated satisfactorily in District Court
on the Motion Hearing day, then it will be transferred to Superior
Court where you are entitled to a jury trial. When your case is
placed on a monthly jury trial list, the Judge will set a trial
management day to allow the defense lawyers and Assistant District
Attorneys to attempt to resolve the various cases scheduled for
that month. It usually takes 2 to 3 months for a case to be
transferred from District Court to a Superior Court trial
list.
7. Jury Selection Day - Your case along with a
number of others will be scheduled for jury selection on the same
day. Several juries will be selected from the jury pool in a
single day. Selecting the right jurors is a very important part of
an OUI case. Choosing the right jurors can mean the difference
between winning and losing.
8. The Jury Trial - The actual trial date for
your case will be determined by the Judge after jury selection.
The trial date is usually within a few days of jury selection. The
typical OUI trial lasts one or two days. The complexity of each
case varies greatly, but the intensity of the defense never
varies. I play to win
