Minneapolis, MN asked in DUI / DWI for North Dakota

Q: Is there a certain amount of time to resolve a dui case?

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1 Lawyer Answer
Rick Sand
Rick Sand
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Minot, ND
  • Licensed in North Dakota

A: This is a very interesting question. In order to give the best answer, it is important to know a few things: Is this a first offense DUI, or does the person have previous DUI convictions? Does the person have an out-of-state driver's license? Was there a chemical test performed (breath, blood, urine) or is the charge for refusing to take a chemical test?

Once these have been established, it is important to review the discovery in the case. "Discovery" means all of the evidence that law enforcement has provided to the prosecutor's office. This generally consists of the police report, chemical test results, witness statements, audio/video evidence (dash cam, body cam, security footage, etc.), and/or photographic evidence. Once this discovery is evaluated, it may be determined that the next best step in the case is for the attorney to bring a motion to suppress or motion to dismiss evidence. This can be for a number of reasons - but generally has to do with an underlying constitutional violation by law enforcement during the stip that would render certain evidence inadmissible (i.e incriminating statements given by a defendant absent a proper Miranda warning).

The final aspect is whether or not it would be in the defendant's best interest to take the case to trial. There are many factors to consider when making a decision like this: What type, if any, plea agreement offer has been made by the prosecution? How strong is that State's evidence against the defendant? Again, what type of criminal history does the defendant have (this is generally considered for potential sentencing risks)?

Given all of these considerations, it is highly recommended to seek legal representation if you have been charged with DUI, APC, or any other type of crime in North Dakota.

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