In the matter of an application by Rosaleen Dalton for Judicial Review (Northern Ireland)
November 24, 2023Time Limits for Personal Injury Cases
November 25, 2023Driving while intoxicated (DWI) is a severe crime in the United States, and St. Louis, Missouri, is no exception. If you face a DWI charge in St. Louis, you may wonder what to expect during your trial. A DWI trial can be a complex and stressful process, but understanding the procedure and having a reasonable DWI attorney can help you navigate through it. In this article, we will explore what to expect during a DWI trial in St. Louis, Missouri, including the pre-trial stage, the trial itself, and the possible outcomes.
Pre-Trial Stage
The pre-trial stage is the first step in the DWI trial process. It is a crucial stage, setting the foundation for the entire trial. During this stage, you and your attorney will gather evidence, review the police report, and prepare your defense strategy.
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Preliminary Hearing
The first court appearance is usually a preliminary hearing, where the judge will determine if there is probable cause to move forward with the case. At this stage, your attorney may challenge the validity of the arrest, question the credibility of the arresting officer, and dispute the accuracy of the breathalyzer or blood test results. If the judge finds probable cause, the case will proceed to the trial stage.
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Discovery Process
During the discovery process, your attorney and the prosecutor exchange information and evidence. Your attorney may request documents, such as police reports, witness statements, and breathalyzer or blood test results. Your attorney will review these documents to build your defense strategy.
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Motion Hearings
Your attorney may file motions before the trial to challenge specific evidence, such as the validity of the breathalyzer or blood test results, or to suppress evidence obtained during the arrest. The judge will hold a hearing to determine if the evidence can be presented at trial.
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Plea Bargaining
During the pre-trial stage, the prosecutor may offer you a plea bargain, an agreement to plead guilty to a lesser charge, or a reduced sentence. Your attorney will advise whether accepting a plea bargain is in your best interest.
The Trial
If the case proceeds to trial, there are several stages that you can expect.
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Jury Selection
Before the trial begins, the judge and the attorneys will select a jury. The jurors will be asked questions to determine their qualifications and any potential biases. The attorneys will use this information to select a fair and impartial jury.
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Opening Statements
The trial will begin with opening statements from both the prosecution and the defense. The prosecutor will present the evidence and explain how they believe t proves the defendant’s guilt. The defense will provide an overview of its defense strategy and challenge the prosecutor’s evidence.
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Presentation of Evidence
The prosecution will present evidence, including witness testimony, police reports, and breathalyzer or blood test results. The defense will cross-examine the prosecution’s witnesses and present their evidence, such as witness testimony, expert testimony, and any evidence that challenges the accuracy of the breathalyzer or blood test results.
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Closing Arguments
After both sides have presented their evidence, they will make closing arguments. The prosecutor will summarize the evidence and explain why they believe the defendant is guilty. The defense will summarize its evidence and argue that the prosecution has not met the burden of proof.
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Jury Deliberation
After the closing arguments, the jury will deliberate and decide whether or not the defendant is guilty. The jury must reach a unanimous decision for a guilty verdict. If the jury cannot reach a unanimous decision, it is called a hung jury, and the judge may declare a mistrial.
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Sentencing
If the defendant is found guilty, the judge will set a date for the sentencing. The judge will consider several factors when determining the sentence, such as the defendant’s criminal history, the severity of the offense, and any mitigating or aggravating circumstances. The sentence may include fines, probation, community service, alcohol treatment programs, or jail time.
Possible Outcomes
There are several possible outcomes of a DWI trial in St. Louis, Missouri.
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Acquittal
If the defendant is found not guilty, they are acquitted, and the case is closed. The defendant may still face administrative penalties, such as license suspension, but they will not have a criminal record.
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Conviction
If the defendant is found guilty, they are convicted, and the judge will determine the sentence. The defendant will have a criminal record, and the conviction may impact their employment, housing, and other aspects of their life.
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Appeal
If the defendant is unsatisfied with the trial’s outcome, they may appeal the decision. An appeal is a request to a higher court to review the trial and determine if any errors were made. If the appeal is successful, the case may be retried, or the conviction may be overturned.
Conclusion
A DWI trial in St. Louis, Missouri, can be complex and stressful. Understanding the pre-trial stage, the trial itself, and the possible outcomes can help you navigate it. It is crucial to have an experienced DWI Lawyer St. Louis who can provide you with legal advice and represent you in court. If you are facing a DWI charge, it is essential to take the situation seriously and seek legal counsel as soon as possible.