A preliminary hearing is a critical stage for any person charged with a criminal offense. For a person charged with a DUI or drunk driving offense – their DUI preliminary hearing is just as critical.
A preliminary hearing for a DUI offense is where the Commonwealth must present “prima facie” evidence (more likely than not) that 1. The DUI offense occurred in the jurisdiction, 2. that the defendant was the one who committed the offense, and 3. each element of the crime (i.e. operation, impairment, level of drugs or alcohol in the blood, etc.)
While the Commonwealth’s burden is low and often met, this is the first time that a skilled defense attorney will be able to cross-examine the police officer and any other witness against the individual charged with DUI.
There are many times where a skilled lawyer can show that the Commonwealth has not met its burden on one or more of the elements and therefore the charge must be dismissed. If this is not the case, it allows the defense attorney a chance to begin to analyze the evidence that the Commonwealth possesses and begin to develop a strategy moving forward.
Also, it will oftentimes permit the DUI lawyer to determine if there may be a valid suppression motion challenging the stop or search of the vehicle that should be filed.
A DUI preliminary hearing is a crucial part of the process. Contact West Chester DUI lawyer Mike DiCindio to schedule your initial consultation and begin preparing your defense today, call us at (610) 430-3535.
Read more about the importance of the preliminary hearing here.
The above-listed information does not include the entire crimes code, annotations, amendments, or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments.
These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.
Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a West Chester criminal defense attorney who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County, and Berks County.