Incorrect Charges at arraignment hearing
We went to arraignment for DUI today which (according to citation), consisted of 2 charges, DUI and Careless Driving. At the hearing the court had it down as Careless driving w/intent to maim and/or kill when no other person was involved in the incident. The DA pointed out that the charges were incorrect because no one else was involved. They also did not have the BAC report. The DA advised to plead not guilty because they weren't famaliar with the case and reset the court date for a pre-trial conf. Can the charges be dropped & or changed? Is it possible to charge with DUI when there is no BAC at this point? Are they buying time? Shall we trust that the charges will be corrected by the next court date which is November 3rd?
1 Answer from Attorneys
Re: Incorrect Charges at arraignment hearing
This is not entirely unusual. Although the officer writes the ticket and suggests certain charges, it is up to the DA to decide which charges are actually prosecuted. They can be added or subtracted. Likely, the Careless problem is that a clerk hit the wrong button on the computer. As for the lack of BAC, it sounds like this is a blood test and the results are not in yet or they have not been forwarded to the DA.
As for dismissal, this may happen if the results are not provided within a reasonable time. The fact that you entered not guilty means that the DA has 6 months to get the case tried unless you waive this right.
I suspect the results will be available in a couple weeks. The charges will be changed by the DA before the next court date.
I do a lot of DUI cases. If you want help, please contact me. My advise is better in person.
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