The Stages of a Dui Case Analysis Research
The law of Criminal Procedure with respect to a DUI case involves steps as under:
- Arrest
- Booking and Bail
- Arraignment
- Plea Bargain
- Preliminary hearing
- Trial
- Sentence
- Appeal (Mueller, p.292-1564).
Arrest
In traffic or any other criminal offence, the when the police officer arrests an alleged offender. A person is said to be arrested when he is taken into police custody and not allowed to leave towards any direction and the process is complete when the officer utters that he or she is under arrest. The of an arrest is the exercise of police authority over a person, and that persons voluntary or involuntary submission. (Arrest, p.1).
A police officer is legally entitled to arrest the person (lawful arrest) in the circumstances under mentioned:
The police officer himself witness to the commission of a crime, when there are extenuating circumstances and facts for the police officer to reasonably believe that a person has committed, or is on the verge of committing a crime. In given case, regarding the the defendant refused to give a chemical test. In such circumstances, strictly the police officer is legally empowered to arrest the person based on the probable cause belief that a DUI has been committed. (The Police Officer Has Probable Cause to Arrest, p.1).
When the police officer has a warrant with him. A warrant is a Jus document, or written order from a judicial officer which will be obtained only upon submitting an affidavit, or sworn statement by a police officer.
Booking and Bail
After the process of arrest, the accused person is brought into the purview of the law by the process of registering a case. At this stage, the police officer extracts all the facts relating to the person, crime, nature of the crime, his criminal antecedent, evidence etc.
