Fredericksburg DUI Trials

Fredericksburg DUI trials can be an especially involved process. In the case of a DUI, a case goes to trial based on whether or not the prosecutor and assistant counselor able to come to an agreement on how the case should proceed. The standard course with any criminal case results in a trial. The court day is set for a trial date and a client should arrive in court prepared to have trial on that day. If they are not able to arrive at a plea agreement, the case proceeds to trial.

Cases are resolved before trial if the prosecutor and defense attorney work out a resolution to any type of criminal case. Not every case can be agreed to and it is not always possible to have a discussion about the best outcome of a case before the court day. That is why if you have been charged with a DUI offense and the case is going to trial, it is important to speak with an experienced DUI attorney that could help you navigate the trial process and could advocate for you.

General District Court Cases

In Fredericksburg, misdemeanor cases, traffic cases, and preliminary hearings for felony cases are held in General District Court. The Fredericksburg District Court judges tend to take Fredericksburg DUI trials strictly because there is a lot of political pressure on courts, law enforcement, and politicians to curb the problem of driving under the influence in the community.

How Are General District Court Judges Chosen?

In Virginia, General District Court judges are elected by the General Assembly. Most of the judges chosen are people who have been highly recommended by the local bar association to represent the county as a judge on the District Court.

Circuit Court

In Fredericksburg, felony trials and misdemeanor appeal cases are held at Circuit Court. Fredericksburg Circuit Court judges tend to treat DUI cases strictly because there is a lot of pressure on courts, law enforcement officers, and politicians to curb the problem of drunk driving in the community.

Selection of Circuit Court Judges

Circuit Court judges are elected to the bench by the General Assembly in Richmond. The Circuit Court judges are people highly recommended by their respective bar association. The General Assembly approves these individuals and their position by majority vote.

Circuit Court judges tend to come from a wide variety of different practices. Many Circuit Court judges served as judges in the General District Court or in the Juvenile Domestic Relations Court before being elevated to the Circuit Court. Other Circuit Court judges were private practitioners who owned their own law practice, worked in civil practice or criminal practice, or were prosecutors before becoming judges.

Preparing for Trial

To prepare for Fredericksburg DUI trials, people should not draw any attention to themselves and should be respectful of the court. It is best to arrive early for court and be dressed appropriately. Many courts require that gentlemen have their shirts tucked in and that everyone wear pants-length clothing rather than shorts and shoes rather than sandals. It is important to dress appropriately, be clean, not wear T-shirts with inappropriate writing on them, and have arranged ahead of time where to meet with their attorney. If one forgets where they are supposed to meet their attorney, it is best to wait inside of the courtroom for their attorney and discuss their options after their attorney has been able to speak with the prosecutor.

The first things a person should do when they arrive at the courthouse on the day of their trial are go through security, check to see where their courtroom is, and meet their attorney where they are designated, whether that is inside or directly outside of their courtroom. A judge may not call an individual’s case until their attorney asks them to call their case. There are times when the judge calls cases to see how long they should expect certain cases to take. In that instance, it is fine to tell the judge that their attorney is speaking with the prosecutor.

Duration of DUI Trials

Fredericksburg DUI trials typically take more or less time depending on the circumstances, like whether an accident is involved and how many officers were involved from the investigation of the arrest. A DUI trial with only one officer testifying takes between an hour and an hour and a half in most cases, but even a simple case can end up taking all afternoon when the attorneys and judge are involved in complicated legal arguments. If an individual wants to know more about what to expect of a trial, they should consult a knowledgeable DUI attorney who could answer their questions.

PRACTICE AREAS