DUI & Traffic Legal Process

What You can Expect in Your DUI & Traffic Case with O’Flaherty Law - Your Path, Our Process

STEP 1

Initial Consultation

After speaking with one of our Client Intake Specialists, you will be scheduled for a consultation with our experienced probate legal team. Our consultations typically occur over the phone but can be in-person or online upon request.

STEP 2

Document Gathering

We will be requesting copies of any citations and tickets and court date information. We will also need information regarding your driving record and any prior infractions or tickets. If you were cited with DUI, we will need the following:  

  • Traffic citations
  • Officer’s sworn report
  • Notice of summary suspension
  • Motorist warning
  • Bond slip
  • Notice of vehicle seizure
STEP 3

Client Interview

Once we have the necessary documents and history, we will set up a meeting with your legal team to discuss the encounter, next steps and the process. We will need to know things such as:  

  • What was the basis for the stop?  
  • Was a traffic ticket issued?
  • How long did the stop take?
  • Was the stop based on equipment failure (taillight out)?
  • Did the officer allege that you were driving erratically?  
  • Were there any witnesses?  
  • Were any other vehicles involved?  

Your legal team will want to contact any witnesses.  

STEP 4

Trial

If no plea deal is reached, the case will be set for trial. Because this is a criminal proceeding, the prosecution must prove their case beyond a reasonable doubt. Your legal team will work with you during this time and also prepare for witness testimony at trial.  The judge or jury will make a determination whether you are guilty or not guilty. If you are found guilty, the sentencing phase follows which could include probation, fines, victim impact classes, jail time, and license suspension.

STEP 5

Filing, Subpoena, Further Research

After we are retained, we will appear with you at your first court appearance, which is the arrangement and when you will enter your plea.  If you have a traffic citation we will appear and negotiate a plea (if possible) with the prosecution. We will file our appearance and motion for discovery, including anybody camera footage and audio. We will also issue a subpoena to the arresting law force agency.  

We will consider whether there are any challenges to be made regarding the legality of the stop or blood alcohol testing. Once we have analyzed the discovery, we will explore the possibility of a plea which may result in reduced charges. Most charges are resolved at this stage.

STEP 6

After Trial

If you are found not guilty, the case is fully resolved. If you are found guilty, we will determine if there are any grounds for a successful appeal.  We will also guide you through the process of ensuring your success during your probation period or any other conditions of your sentence.

STEP 7

STEP 8

STEP 9

STEP 10

No items found.