Mirror of Justice - All about Law and More
*Home>>>DUI Law

What does in mean if the prosecutor doesn't show up at your pre-trail case for a first DUI? ?


At my pre-trial for my first DUI case (not guilty by the way) the prosecuter did not show up and they didn't even have my paperwork at the court house. My lawyer has made contact with the prosecuter and not calls have been returned as of yet and its been several days since my pretrial. What does this mean. Will it benefit me in any way?

I declined the breath test also.

Last spring I got pulled for a DUI. Where I live a 0.08 is considered too drunk to drive. I'm not sure what the limit is in Michigan. Try contacting a DUI attorney for help. http://www.findaduilawyeronline.com

A pre-trial conference is simply a way for the prosecutor and defense attorney to get together and talk about possible plea bargains, scheduling trials, stipulations, etc. The prosecutor has several hundred active files and doesn't know you from a load of hay and will eventually devote about 30 seconds to looking at your file. After that 30 seconds he will decide what to do. He can decide to take the case to trial, to offer a plea bargain or to dismiss. The fact that he didn't already spend that 30 seconds on you means nothing more than he was busy.

It means you can lodge what amounts to probably nothing more than a specious argument of prejudice at this point.

If I was the lawyer, I would've immediately filed a motion to stay the proceeding (and in fact, had one that was typed up and ready to file, in my briefcase), to counter that contingency.

You've been ARGUABLY prejudiced if you haven't been able to get timely access to full disclosure or have been unable to proceed when you were ready to proceed with something like the ability to question the other side.

My question in this is what are you paying the lawyer for, if you need to go into Yahoo Answers to find this out? I would be firing his sorry behind, and taking him to the state bar association.

ADDENDUM
If you refused to blow, I would argue a highly technical legal defence wherein if you have any type of medical issue which restricts your ABILITY to blow, the winning of that argument could save your hide.

They don't have to. I don't even think the prosecutor has to do DUI's in most states. Usually it's just the judge figuring out what happened because you have already been convicted of the crime via Blood/Breath test.

Best of luck

Tags
  Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law   DUI Law   Drunk Driving Law   Divorce Law   Discrimination Law   Disability   Criminal Law   Collections Law
Related information
  • I was just grant a motion to squash arrest on a dui?

    The state wants to ask the Judge to reconsider. If he does, you're on the hook again. And it's "quash", not "squash"

    ...
  • Does anyone know what happens to a person who gets a first time DWI/DUI in Missouri?

    For Missouri DUI Information go to: ...

  • Can I still become a teacher in Florida if I have a DUI?

    It will make it A LOT harder.

    ...
  • What average cost for fine and everything for DUI?

    Between paying for drug/alcohol classes, drug/alcohol tests, fines, prison (some forms of incarseration like work release require you to pay "rent") lawyers, community service and of cour...

  • If your arrested for drunk in public, is it the same as a DUI ?

    Public drunkenness is USUALLY an infraction, violation or an offense under a local ordinance or administrative code, which is lower then a misdemeanor and considered non-criminal. There is no crim...

  • What happens when you don't pay your court fines for a DUI?

    I am surprised you still have a valid license. It's called: Suspended for failure to pay fine. Also it is possible that a warrant can be issued for not following a court order (paying the fi...

  • If American truck drivers are refused entry into Canada due to DUI convictions, why is Bush allowed in?

    Because he has a rich daddy.

    ...
  • Does anyone know an attorney in the Orlando area that specializes in DUI's?

    Criminal Defense Lawyer & DUI Attorney (407) 540-1551 www.richardhornsby.com 401 N Mills Ave, Ste D, Orlando, FL 32803 Orlando DUI Attorney / DWI Lawyer (407) 513-4544 Orlando, FL 328...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster