The Stages of a Dui Case Analysis Research Paper

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Introduction

The law of Criminal Procedure is an adjective law or remedial law which prescribes the methods of enforcing the rights or obtaining redress for their infringement. The law regarding the litigation comprises the stages of procedure, pleading and proof.

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The law of Criminal Procedure with respect to a DUI case involves steps as under:

  1. Arrest
  2. Booking and Bail
  3. Arraignment
  4. Plea Bargain
  5. Preliminary hearing
  6. Pre Trail motions
  7. Trial
  8. Sentence
  9. Appeal (Mueller, p.292-1564).

Arrest

In traffic or any other criminal offence, the procedure gets initiated when the police officer arrests an alleged offender. A person is said to be arrested when he is taken into police custody and not allowed to leave towards any direction and the process is complete when the officer utters that he or she is under arrest. The sine qua non of an arrest is “the exercise of police authority over a person, and that person’s voluntary or involuntary submission.” (Arrest, p.1).

A police officer is legally entitled to arrest the person (lawful arrest) in the circumstances under mentioned:

The police officer himself witness to the commission of a crime, when there are extenuating circumstances and facts for the police officer to reasonably believe that a person has committed, or is on the verge of committing a crime. In given case, regarding the single car accident the defendant refused to give a chemical test. In such circumstances, strictly the police officer is legally empowered to arrest the person based on “the probable cause” belief that a DUI has been committed. (The Police Officer Has “Probable Cause” to Arrest, p.1).

When the police officer has a warrant with him. A warrant is a Jus document, or written order from a judicial officer which will be obtained only upon submitting an affidavit, or sworn statement by a police officer.

Booking and Bail

After the process of arrest, the accused person is brought into the purview of the law by the process of registering a case. At this stage, the police officer extracts all the facts relating to the person, crime, nature of the crime, his criminal antecedent, evidence etc.

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Bail is the stage in which the DUI detenu is released from custody in return for payment of money. Upon release on bail the suspected person gives an undertaking that he shall appear before the Court, as and when required, or at all stages of the procedure. A suspected person can be released on bail either through bail bond, bail agencies or on personal guarantee.

Arraignment

This is the first step of court room process. In this stage, the criminal charges against the defendant is read over to him and asked whether he pleads guilty or not or is contesting. The next posting date of the case will be announced on this particular day. If the DUI defendant is not in a position to engage a counsel, or if he is in jail, the services of an attorney will be provided to him.

Plea Bargains

At this very stage there is a possibility of resolving the issue “through plea bargain between the government and the defendant.” (DUI: Plea Bargains).

If the defendant prefers to plead guilty, it may be possible that a minimum lenient sentence be passed against the offender.

Preliminary Hearing

It is also termed as a trial before a trial. In this stage the jury will consider whether the prosecution has produced enough evidence to convince the jury or whether the defendant has to face the trial accordingly. In order to reach “probable cause” verdict. (The Police Officer Has “Probable Cause” to Arrest, p.1).

The jury will hear the arguments of both the prosecutor on behalf of the government and the defense attorney. The prosecution is at liberty to seek summons and examine the witnesses and as counter action, defense counsel may cross examine them.

Pre Trial motions

In pre trial motions, the prosecution and the defense counsel will appear before the criminal court judge. The subject matter is “that certain evidence should be kept out of the trial, certain persons must or cannot testify or that case should be dismissed altogether”. At this stage, the defense team defines the boundaries of the trial, even though it is a tool used by the government.

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Trial

In the stage of trial, the prosecution argues for obtaining the conviction of the defendant. Simultaneously, the defense refutes to charge and presence the case to get the defendant acquitted without guilt being established. The trial stage involves six phases:

  1. “Choosing a jury
  2. Opening Statement for prosecution on behalf of the government and for the defense attorney on behalf of the defendant
  3. Closing arguments both of the prosecution and defense team to sum up the case
  4. Jury instruction – A process in which the jury sets out certain legal standards to judge whether the defendant is guilty or not
  5. Jury deliberation – it is the process in which attempt is made whether the defendant is guilty or not guilty of the offense charged
  6. Verdict.” (CUI Trial, p.1).

Sentence

After determining the case if the DUI is guilty, appropriate punishment is determined. The sentence imposed on the DUI includes the following viz. Probation, Jail (for short term sentence, Prison (for long term sentence,) Fine, Suspension of driving license, Rehabilitation, etc.

Appeal

A defendant who is convicted in a DUI case is entitled to prefer an Appeal before a higher court to review the Judgment of the lower court for legal error, or an error apparent on the face of law or for challenging the conviction, or the sentence

At this stage the defendant (hereinafter called the Appellant) may appeal against the verdict on the grounds that some errors in the appreciation of the case and evidence by Lower Court have occurred, and hence the sentence imposed by the lower court is erroneous. Hence he/she can plead for retrial re sentencing. At the stage of Appeal, no new evidence is admitted but the records of the Lower Courts are called for reconsidering the existing issue.

By reconsidering the matters the Appellate court arrives at right, proper and just decision- either in favor of, or against the Appellant

Works Cited

  1. . Findlaw. 2008. Web.
  2. . Findlaw. 2008. Web.
  3. . Findlaw. 2008. Web.
  4. Mueller, Thomas. . Findlaw. 2008. Web.
  5. The Police Officer Has “” to Arrest. 2008. Web.
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IvyPanda. (2021) 'The Stages of a Dui Case Analysis'. 16 October.

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IvyPanda. 2021. "The Stages of a Dui Case Analysis." October 16, 2021. https://ivypanda.com/essays/the-stages-of-a-dui-case-analysis/.

1. IvyPanda. "The Stages of a Dui Case Analysis." October 16, 2021. https://ivypanda.com/essays/the-stages-of-a-dui-case-analysis/.


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IvyPanda. "The Stages of a Dui Case Analysis." October 16, 2021. https://ivypanda.com/essays/the-stages-of-a-dui-case-analysis/.

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