In Newport News, DUI cases are heard in the Newport News general district court. In Newport News, administrative suspension and license hearing related to DUIs are heard at the same time as the DUI case, which will be in the general district court of Newport News. Newport News DUI cases are treated with the utmost seriousness by prosecutors and judges making it important that you consult with a Newport News DUI lawyer as soon as possible.
A Newport News DUI case doesn’t have a set amount of time that it can take. It really depends on the specific case that is being tried. If the case is being tried and there is a lot of evidence, there are multiple witnesses or there is long line of questioning that is taking place, then the case itself could take hours and could probably be continued a few times as well. Whereas a case that is more simple, where someone is simply pleading guilty and then being sentenced, can be over in 5 to 10 minutes.
In a Newport News DUI case, first thing the prosecutor has to prove to obtain a DUI conviction is that the defendant operated or drove a motor vehicle. After that, the prosecutor must prove that one of five factors in Virginia Code Section 18.2-2.-266 were met. 2 of those five factors deal with specific blood alcohol concentration. While the other three factors deal with generally driving under the influence.
Typically, in Newport News DUI cases the evidence presented will include the result of the field sobriety test, the result of the breath or blood test issued at the police station and the testimony from anyone who was present including the police officer and the driver. Sometimes expert witnesses are used to review the validity of the various tests. The result of the preliminary breath test, which is the breath test that was issued at the scene of the incident is not admissible in court.
In Newport News, DUI cases the court will consider various factors in sentencing. These factors include the driver’s prior record. If he has any previous DUIs then his sentencing is going to be handled differently than if it’s his first time. The officer’s testimony about the driver’s behavior toward the officer at the scene will also be used in sentencing. Someone who was rude and uncooperative will generally have a harsher result than somebody who complied and did as they were told. The specific facts of the case are going to be the biggest bearer on sentencing.
However, DUIs are handled in Newport News based on the statutory requirements. Newport News courts do not typically stray far from the requirements in the statutes.
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