I was charged with DUI in Hialeah, Florida. I was told that I would first have a Formal Review Hearing. Is this different from the actual court trial?

Pacey

Hialeah, FL

Yes, Pacey, the Formal Review Hearing is different from the court trial. Since you were arrested for DUI in Hialeah, Florida and if you refused to take the test or the chemical test result for blood alcohol content (BAC) is .08% or greater, your driver’s license will be suspended for a period of time by the Department of Highway Safety and Motor Vehicles (DHSMV). By means of Formal Review Hearing, you are going to be entitled to challenge the driver’s license suspension. This Hearing, however, must be requested in writing and delivered to the DMV Office in Hillsborough County with 10 days from the date of your arrest. Your attorney can handle the details involved with scheduling and be able to conduct the hearing even if you don’t attend.

This Hearing can be a valuable tool in the defense of your case and the investigation. It would allow your lawyer to challenge the license suspension and, if successful, obtain your license reinstatement. I would also permit your lawyer to interrogate Law Enforcement Witnesses in order to gain detailed knowledge concerning their actions, observations and opinions.

My cousin was charged with DUI in Miami, Florida. We already hired a DUI lawyer who would help him defend his case. But still, we wanna know more about the DUI court process. What is the legal order of proceedings involved in a DUI case?

Gabby

Miami, FL

After the initial arrest of your cousin for DUI in Miami, Florida, he will be given a Preliminary Hearing date so that a judge may review his DUI case and determine if there is sufficient evidence for the case against him. This is usually a proceeding after a criminal complaint filed by the prosecutor to determine whether and to what extent criminal charges and civil cause of actions will be heard by a court what evidence will be admitted, and what else must be done before the DUI case can proceed.

The next court date of your cousin would be for the arraignment. This is the formal reading of the criminal complaint to inform your cousin, as a defendant on the DUI case, the charges against him. In response to arraignment, he is expected to enter to a plea. The plea, of course, can either be “guilty” or “not guilty”.

Then, there goes the trial by jury. This is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. The juries weigh the testimony and evidence to determine questions of fact and of law. Requesting a trial by jury can be very complicated since witnesses and experts will be called upon to testify for and against your cousin’s case. If he chooses to take this route, his lawyer should have appropriate experience in DUI cases to help reduce his sentence or have his case dismissed altogether.