Archive for the 'Court' Category

DUI Court Hearing vs. DMV Hearing

Apr. 4th 2014

Confused Older Student

If you are charged with a DUI, you will have to make an appearance at a court hearing as well as a DMV hearing.  These are separate hearings concerning different aspects of your DUI case.  However, you should attend both the court hearing and the DMV hearing, as your absence will only be detrimental to your case.  This article will outline the differences between a court hearing and a DMV hearing.

When you are charged with a DUI, you will be given a date to appear in court.  This court hearing will determine if you are guilty or innocent of your DUI charge.  The court hearing deals with the criminal proceedings of your case.  In court, you will be able to present the facts you have collected concerning your case and attempt to build a defense against the charges.  You will be deemed guilty or not guilty in court, and the court will give out certain punishments.  These punishments include fines and potential jail time.

The DMV hearing is a separate hearing to determine if your license should be suspended, and for how long.  This is merely an administrative proceeding concerning your driving privileges only.  The results of your blood alcohol content (BAC) test or urine test will be discussed in this hearing.  If you refused a BAC or urine test, this will also be discussed.  You will have to explain why you refused to take the tests, and if you were placed under arrest as a result.  Based on this hearing, the DMV will decide if your license should be suspended and for how long.

The DMV hearing deals with the circumstances of your arrest, while a court hearing will decide if you are guilty or not guilty.  For this reason, the DMV hearing is not required, while a court hearing is.  You are not obligated to have a DMV hearing, however, it will help your case if you go and present it to the DMV.  This would be a positive step that you could take to ensure that you appear responsible to those determining if you will be able to keep your license or not.

Court hearings and DMV hearings are independent of one another.  In some cases, you can receive a verdict of not guilty in court, but still deal with a suspension from the DMV.  This is due to the fact that the DMV launches its own investigation into your case.  While a verdict of not guilty in a court hearing can help you in a DMV hearing, it will not necessarily mean that the DMV will let you keep your license.

Although it is stressful to deal with two separate hearings for your DUI, it is in your best interest to schedule and attend both hearings.  This could help reduce your penalty if you are found guilty.  Hiring a DUI lawyer can also help you with your case.  DUI lawyers are experienced in cases similar to yours, which means that they know how to approach court hearings and can help you get acquitted.  You can contact Ruane Attorneys here if you want to discuss your DMV or court hearing.

Posted by James Ruane | in Court | No Comments »

DUI Penalties for those Over 21

Mar. 28th 2014

Getting a DUI can be frightening and difficult to come to terms with.  You might be wondering how you have ended up in the position you are in.  Along with the embarrassment of getting a DUI is the uncertainty of the DUI process and your DUI case.  If you don’t have experience with DUIs, you might be unsure as to the penalties that you are facing.  It is important to keep in mind that these penalties change based on how many offenses you have.  Even if you have been through the DUI process before, you will not be facing the same consequences, as penalties increase with every DUI offense.  Making yourself aware of the penalties that you face can help you understand the overall DUI process.

If you have been charged with your first DUI, you are generally looking at a fine and a suspension of your license.  Your fine will be between $500 and $1,000.  You will also receive a suspension of your license.  This will vary based on your blood alcohol content (BAC) and your DMV hearing.  If your BAC is under .08, your license will be suspended for 90 days.  If your BAC is .08 or higher, your license will be suspended for six months.  Lastly, you could face some jail time, even on a first offense DUI.  However, you will not face more than six months in jail.

If you are facing your second DUI offense, these penalties are increased.  You could face a fine of $1,000 to $4,000, and the prison time that you face could be increased to two years.  Your prison sentence can only be reduced by 120 days.  You will also face probation once you are released from prison.  You will also face a license suspension of one year.

A third DUI offense results in greater penalties.  You will face a fine between $2,000 and $8,000.  You could also face three years in jail.  Your probation will also include 100 hours of community service.  You will not have your license suspended at this point; it will just be permanently revoked.  You will not be able to get your license back, no matter how much time goes by.

Because of the severity of the penalties of getting a DUI, you want to do everything in your power to fight your accusation.  You can do this by building a strong defense in court.  The best way to have your DUI charge dropped is by hiring a DUI lawyer.  While this will cost you extra money, it could prevent you from facing jail time or extra fines.  Your lawyer may even get the charges dropped altogether.  Every DUI case is different, so discuss yours with a DUI lawyer as soon as possible.  Ruane Attorneys is a reputable criminal defense law firm that offers free consultation.  To contact Ruane Attorneys with questions or concerns, click here.

Posted by James Ruane | in Court, DUI Impact | No Comments »

Forensic Evidence Seminar

Jun. 7th 2013

Today the members of Ruane Attorneys attended a training seminar on forensic evidence in Connecticut. As criminal defense lawyers, it is important to stay abreast of developments in law and science.

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Posted by James O. Ruane | in Court, Ruane Attorneys | No Comments »

New Infractions Schedule

Apr. 22nd 2010

With the current state budget crisis, the legislature has changed many of the fines associated with infractions, with the new minimum being $50 in most cases (up from $35)

You can download the  Connecticut Infractions Schedule here

Posted by James O. Ruane | in Court | No Comments »