What to Expect for a Howard County Second Offense DUI Charge
It is important to be prepared with what to expect for a Howard County second offense DUI charge. In Howard County, second offense DUI charges are heard in district court, unless somebody elects for a jury trial. Then, the case would be transferred to circuit court. Consult with a professional attorney for more advice on how you can be prepared.
Electing for a Jury Trial
Part of knowing what to expect for a Howard County second offense DUI charge is knowing why somebody might elect for a jury trial. Sometimes, the outcome that the prosecutor presents is not favorable, and the judge will not postpone a trial. A person might want to have a jury of 12 members decide their fate because when a judge hears a trial, judges will typically listen and give more deference than an officer and a jury will. Also, a jury might be more favorable because the verdict has to be unanimous. Instead of having to convince one person of guilt, a prosecutor has to convince 12 people that the individual is guilty.
Prosecuting Second Offense DUI Charges
Prosecuting a second offense DUI charge depends on how old the charge is. There is a prior factor that goes along with an older case. If someone has a second offense DUI, it will be treated very differently if the first one was two or three years prior or 20 or 30 years prior. In one instance, a person may avoid jail time if it is an old case and if it was not that old, a person can be looking at a more significant amount of jail time. It is the age that matters because some judges might be sensitive to the number of times a person commits an offense. Many people want leniency when they think it has been a long time between the two offenses, but a lot of judges do not give a lot of leniency.
Building a Defense
A second offense DUI, or any DUI for that matter, has the same initial approach. An attorney should assess the strength of the state’s case regarding the sufficiency of the evidence and whether there were any legal or constitutional issues regarding the stop of the individual or the interaction because these all make a difference. If there is an assessment and there can be a challenge, then they can go to trial.
However, if the prosecuting evidence seems solid and the state has a strong case, then an attorney has to push much more aggressively. Whereas in a first offense DUI, a person can do a basic 14 or 15-hour educational course, a second offense DUI will not be as lenient. If the judge feels the individual did not do enough treatment or does not think they did it seriously enough, the person will be subject and probably sentenced to additional incarceration, which is why it is imperative to step up the efforts taken in advance of trial.
Hiring an Experienced Lawyer
A skilled Howard DUI attorney can prepare a person for what to expect for a Howard County second offense DUI charge. They have the knowledge and the prior experience to challenge evidence presented by the prosecutor to try to land the best outcome. Contact a lawyer today.
