Group Picture of The Law Offices of Mark Sherman, LLC

Darien DUI Case Process

When sentencing an individual during the Darien DUI case process, prosecutors always consider, first and foremost, the person’s past DUI record, whether or not they have a previous DUI conviction, and whether or not they have previously used that alcohol education program.

Other pieces they consider are whether there is an accident, whether anyone was seriously injured, and whether the level of BAC was high or close to the cut off.

To challenge any such evidence during the Darien DUI case process, it is imperative that an individual consults with an experienced Darien DUI lawyer as soon as possible. A knowledgeable attorney can build a case to help minimize or dismiss any penalties associated with your charge.

Type of Trial

Darien DUI cases are typically heard in Stamford Superior Court.

These cases could either be bench or jury trials. A person always has the right to a jury trial. Understanding whether it is better to have a bench or jury trial depends on the case, which is fact-specific.

Usually, the person would have to talk with their lawyer to see if it would be more beneficial to have a judge or to have a full jury.

Length of the Case

Generally, if the person is eligible for the alcohol education program, which is one of the pre-trial diversionary programs, the case will take over a year while they complete that program.

If they were working toward some kind of plea negotiation resolution, it could be a little bit shorter, but the person is looking at least at a few months. An experienced DUI lawyer will also have their client doing treatment and building up a track record for the judge.

If it ends up being a case with issues and a trial, usually it takes over a year to get to a trial in Stamford Court.

Prosecuting the Case

The prosecution prosecutes these cases vigorously. Especially in a smaller town like Darien, where there is not a high crime rate, they take these cases seriously.

The prosecutors view it as defending the public from threats and keeping the streets safe. They want to see a lot of treatment and the person taking the arrest seriously, as well.

The prosecutors need to prove that the person was operating a motor vehicle, and that the person was either under the influence of alcohol or had an elevated blood alcohol content.

For operation, they do not need to prove that the car was in motion, but must prove that the key was in the ignition. It is a low standard for operation.

A lot of people in Darien commute to the city or perhaps West Chester, so a lot of times the officers think that people are driving home under the influence after networking or business events.

Since Darien is a smaller community, the officers have a trend of keeping an eye out specifically for DUIs more than any other crime.

Pre-Trial Conference

The pre-trial conference in the Darien DUI case process could mean a couple different things. It can be where a person’s defense attorney speaks to the prosecutor pre-trial to see if there is any way to work it out or negotiate a resolution.

There is also a supervised pre-trial, which is where the defense attorney, the prosecutor, and the judge see if they can assist in resolving the case.

Gathering Evidence

Usually, in a Darien DUI case process, evidence includes any statements that the person makes to the police officer that might lead the officer to believe that they were under the influence.

For example, the officer will look to see if they were slurring their words, if their eyes are bloodshot, if they are able to hand over their license and registration, if they are able to complete the three standardized field sobriety tests, and if there was a measure of blood alcohol level and what that measure was.

Appealing the Case

The most likely circumstances for an appeal are that the case is taken to trial and the individual is found guilty. If there were issues within the trial court, they would appeal it to the Connecticut Appellate Court.

Any appeal from Stamford Superior Court would go to Connecticut’s Appellate Court.

Points of Note

The first thing to note about the Darien DUI case process is that these cases are prosecuted vigorously, probably partially because of the small community feel Darien has.

Second, is that the person should get an attorney. A lot of people charged with a DUI think it is not a big deal. That is common, but because it is taken seriously, it is something for which a person wants to be well-represented.

Third, is that the person would want to get an attorney involved sooner rather than later in case any evidence needs to be preserved so it does not get erased or overwritten, like the surveillance footage.