Prince George’s County DUI Cases
Prince George’s County DUI cases tend to be heard in the district court. There are two locations, but either one can handle the matter where it goes before a judge and a lower-level prosecutor. From the time of the incident to the court date, PG County DUI cases take about two and a half months. The administrative hearing is around two to four months from the date of the incident as well.
If you were charged with a DUI, you should understand that Prince George’s County prosecutes DUI cases vigorously. It is important to have an aggressive defense attorney on your side to protect you in court. Reach out to a veteran criminal defense lawyer to discuss your situation.
Types of DUI Trial
Prince George’s County DUI cases may be either bench or jury trials. In district court, they have to be bench trials. If a person is charged with an offense that carries more than 91 days’ incarceration, which a DUI does, the person has the right to request a jury trial. If they do, their case is transferred to the circuit court. In the circuit court, they can elect to have a jury trial if they want to, although that is rare.
Pretrial Conference
A pretrial conference is something done in circuit court where the prosecutor, attorney, and judge get together in an open-court setting to decide if there is any way of resolving the case in advance of having an actual trial. The parties discuss any outstanding issues and any proposed agreement on the table. Often times, it means nothing and leads to nothing, but frequently it can be helpful in trying to resolve the case.
Prosecuting a DUI
In Prince George’s County DUI cases, the prosecutor needs to prove that a person was in control of a motor vehicle on a roadway, was in operation of one, and did so while under the influence of alcohol or another controlled substance.
The arresting officer will testify to the interactions and the observations. They will present evidence such as:
- Dash camera footage
- Body camera footage
- Reports
- Records
- Breath sample results
- Blood draw results
All of that can be used in Prince George’s County DUI cases to try to establish that the person charged was, in fact, in operation of a motor vehicle while under the influence or impaired.
Sentencing
Sentencing for DUI cases in Prince George’s County is up to a judge, but a prosecutor makes a recommendation. The defense attorney can also make a recommendation, and the judge ultimately will be the one to decide what to enforce. The factors involved in sentencing include the person’s record, history, and the specific nature of the elements.
A sentence can include multiple facets, such as a period of probation, a fine through court costs, a class, and AA meetings. There could be community service if appropriate. There are a lot of different possibilities, but those are all up to the judge as to whether or not they want to impose one sanction or another.
Appealing a DUI Case
In district court, a person can appeal a DUI case by paying an $80 appeal fee and filing a one-page notice. If a person gets a conviction before judgment, however, they waive the right of appeal. In circuit court, it is a different kind of appeal process.
Appealing to circuit court means an individual applies to the court of special appeals, the higher court, to review the case. If someone appeals to a higher court to review what happened at the trial in circuit court, it is because they believe something was done wrong or went wrong during the trial process. A successful appeal would mean that the defendant would have the opportunity to pursue a new trial.
Contacting a Prince George’s County DUI Attorney
Anyone involved in Prince George’s County DUI cases should call an attorney immediately at the first opportunity they can. A conviction could result in hefty fines and even jail time, but an attorney could help fight for a positive outcome.
If you have concerns about how a DUI charge could impact your future, you should consider hiring an experienced attorney. Call today to schedule a consultation and begin working towards a resolution to your case.