What is expected on my first court date?

UPDATED: Oct 1, 2022

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What is expected on my first court date?

I was arrested after getting pulled over after exiting a bar driveway on Christmas night. The officer said I was swerving. I completed his evaluations flawlessly and when I was asked to submit a breathalyzer, I declined and said I wanted a blood test. They drove me to a hospital where they drew blood and did not disclose the blood alcohol content with me. They drove me back to the station where I spent the rest of the night.

Asked on December 27, 2018 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You will have a chance to speak with the prosecutor: you can attempt to negotiate a favorable plea or, if you can't, will have the choice of pleading guilty to the charge or not guilty. If you plead guilty, whether to the original charge or some negotiated pleas, the judge will hear your plea and sentence you. If you plead not guilty, a future date will be set for trial and in the interim, you will have the chance to get "discovery" of the prosecution's evidence (ask the prosecutor how to request it, if you don't have a lawyer--though for a DUI, you really should retain an attorney).

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