My clients who have been charged with a DWI often ask: "how can I prepare for my court date?" Prior to your court date, it is important to take steps to make sure that you are prepared for the hearing and the consequences of a DWI charge. DWI charges require a lot of preparation in order to make sure that you walk out of the court room with a positive result. The good news is that you will have a lot of time after the time you are charged and before your first court date so you will have time to prepare. Preparation is key; you want to have a list of things accomplished before a sentencing hearing.
The worst-case scenario in any criminal context would involve a conviction on the charge (whether by plea or trial). After conviction, there is a sentencing hearing where I will have the opportunity to present evidence about your life prior to the arrest and the steps you have taken since the charge to insure it won't happen again. The judge conducting the sentencing hearing is looking to hear evidence that suggests that you are not going to be charged with a second (or subsequent) DWI.
Carefully read the list below and identify which steps apply to your case. You will want to do everything on the list that helps your case in any way.
Obtain an alcohol assessment from a professional. This will provide the court with information about your relationship to alcohol and you dependency on alcohol. Completing an alcohol assessment completed prior to your court date is a specific mitigating factor at sentencing; in other words, judges are required to be more lenient on you if you have completed an alcohol assessment. Obtaining an assessment is the easiest, but also the most important thing you can do to prepare for your DWI hearing. A local attorney or alcohol assessment agency can provide more information on this step.
Begin alcohol classes based on the assessment. It can be influential to present the sentencing judge with a certificate of treatment form from the agency providing alcohol treatment classes. Completion of the classes will be required by the judge as a part of the sentence, but it shows initiative on your end if you complete the classes prior to the judge's order requiring you to do so.
Do some community service at a local non-profit. Churches, goodwill, Salvation Army, and any other local non-profit organization will accept volunteers looking to complete community service. Your community service will demonstrate to the judge that you are a member of the community who is willing to give back and be productive following a DWI charge.
If applicable, attend AA meetings. This is particularly important if you are going to court on a second DWI charge. This is also important if your alcohol assessment demonstrates alcohol dependency. AA sponsors are usually willing to write an anonymous letter on your behalf stating how often you attend meetings, your involvement in those meetings, and the sponsor's relationship with you.
Have a period of sobriety prior to your court date. While you could show this by using a continuous alcohol monitoring device, just stating that you have not been drinking since the charge, or for some period of time, helps demonstrate to the judge that you have control over alcohol.
Obtain a letter from your car insurance that says any and all property damage as a result of your DWI accident has been paid. This is absolutely necessary of you cause an accident and damage to another person's car, or if you injure someone. This letter is your way of telling the court that you have taken responsibility for your actions and paid everyone to whom you owe a debt as a result of your accident.
Speak to an attorney. Often, attorneys provide free legal consultations and will advise you of the seriousness of your charge, and which of these steps you will need to take in order to mitigate your sentencing. You can represent yourself on a DWI charge, but if you do, at least speak to an attorney so that you know what steps you will need to take.
The worst-case scenario in any criminal context would involve a conviction on the charge (whether by plea or trial). After conviction, there is a sentencing hearing where I will have the opportunity to present evidence about your life prior to the arrest and the steps you have taken since the charge to insure it won't happen again. The judge conducting the sentencing hearing is looking to hear evidence that suggests that you are not going to be charged with a second (or subsequent) DWI.
Carefully read the list below and identify which steps apply to your case. You will want to do everything on the list that helps your case in any way.
Obtain an alcohol assessment from a professional. This will provide the court with information about your relationship to alcohol and you dependency on alcohol. Completing an alcohol assessment completed prior to your court date is a specific mitigating factor at sentencing; in other words, judges are required to be more lenient on you if you have completed an alcohol assessment. Obtaining an assessment is the easiest, but also the most important thing you can do to prepare for your DWI hearing. A local attorney or alcohol assessment agency can provide more information on this step.
Begin alcohol classes based on the assessment. It can be influential to present the sentencing judge with a certificate of treatment form from the agency providing alcohol treatment classes. Completion of the classes will be required by the judge as a part of the sentence, but it shows initiative on your end if you complete the classes prior to the judge's order requiring you to do so.
Do some community service at a local non-profit. Churches, goodwill, Salvation Army, and any other local non-profit organization will accept volunteers looking to complete community service. Your community service will demonstrate to the judge that you are a member of the community who is willing to give back and be productive following a DWI charge.
If applicable, attend AA meetings. This is particularly important if you are going to court on a second DWI charge. This is also important if your alcohol assessment demonstrates alcohol dependency. AA sponsors are usually willing to write an anonymous letter on your behalf stating how often you attend meetings, your involvement in those meetings, and the sponsor's relationship with you.
Have a period of sobriety prior to your court date. While you could show this by using a continuous alcohol monitoring device, just stating that you have not been drinking since the charge, or for some period of time, helps demonstrate to the judge that you have control over alcohol.
Obtain a letter from your car insurance that says any and all property damage as a result of your DWI accident has been paid. This is absolutely necessary of you cause an accident and damage to another person's car, or if you injure someone. This letter is your way of telling the court that you have taken responsibility for your actions and paid everyone to whom you owe a debt as a result of your accident.
Speak to an attorney. Often, attorneys provide free legal consultations and will advise you of the seriousness of your charge, and which of these steps you will need to take in order to mitigate your sentencing. You can represent yourself on a DWI charge, but if you do, at least speak to an attorney so that you know what steps you will need to take.
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