Licking County Court Process

Licking DUI Court Process: A Step-by-Step Guide

If you've been arrested for a DUI in Licking County, Ohio, you're likely feeling overwhelmed and uncertain about what comes next. This guide is designed to provide you with a clear understanding of the Licking County court process, from your initial arraignment to potential trial and sentencing. Knowing what to expect is the first step towards navigating this challenging situation. Remember, this information is for educational purposes and should not substitute advice from a qualified Licking County DUI attorney.

Which Court Handles DUI Cases in Licking County?

DUI cases in Licking County are typically handled by the Licking County Municipal Court or the Licking County Common Pleas Court, depending on the severity of the charges and whether it's a misdemeanor or felony offense.

• Licking County Municipal Court: This court generally handles first and some second offense DUI cases, which are usually classified as misdemeanors.

• Licking County Common Pleas Court: This court handles more serious DUI offenses, including felony DUIs (often involving multiple prior offenses or aggravating circumstances like causing serious injury or death).

Court Location(s) and Hours:

While specific courtroom assignments can vary, you'll likely be directed to the Licking County Courthouse. It's crucial to confirm the exact location listed on your court summons or with your attorney.

• Licking County Courthouse: 1 Courthouse Square, Newark, OH 43055.

Court hours are generally Monday through Friday, 8:00 AM to 5:00 PM, but these hours can vary. It is always best to call the court clerk's office to confirm hours of operation.

How to Find Your Court Date:

Your court date will be listed on the citation you received at the time of your arrest. You can also typically find your court date online through the Licking County Clerk of Courts website. You will need to search by your name or case number. If you are unable to find your court date online, contact the Licking County Clerk of Courts directly.

The Court Process Timeline

The DUI court process in Licking County follows a general timeline, although the specifics of your case can influence the duration and steps involved.

1. Arraignment (First Appearance)

• When it Happens: The arraignment is your first appearance in court. It usually happens within a few days or weeks of your arrest. The date and time of your arraignment will be on your citation.

• What to Expect: At the arraignment, the judge will inform you of the charges against you, your rights (including the right to an attorney), and the potential penalties you face if convicted.

• Entering a Plea: You will be asked to enter a plea. Common pleas are:

• Guilty: You admit to the charges.

• Not Guilty: You deny the charges.

• No Contest: You do not admit guilt, but you acknowledge that the prosecution has enough evidence to convict you. A "no contest" plea cannot be used against you in a subsequent civil case.

• It is generally advisable to plead not guilty at the arraignment. This allows you time to consult with an attorney and explore your options.

• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment. The court will assess your financial situation to determine if you qualify.

2. Pre-Trial Hearings

• Discovery Process: During pre-trial hearings, your attorney will engage in the discovery process. This involves obtaining evidence from the prosecution, such as police reports, breathalyzer or blood test results, and witness statements.

• Plea Negotiations: Your attorney will negotiate with the prosecutor to potentially reduce the charges or penalties. This is a critical phase where your attorney can leverage weaknesses in the prosecution's case.

• Typical Plea Deals in Licking: Plea deals in Licking County can vary depending on the specifics of your case, your prior record, and the prosecutor's willingness to negotiate. Possible plea deals might involve:

• Reducing the DUI charge to a lesser offense, such as reckless operation ("wet reckless").

• Reducing the penalties associated with the DUI charge.

• Agreeing to a specific sentence in exchange for a guilty or no contest plea.

3. Trial (If No Plea Deal)

If you and the prosecutor cannot reach a plea agreement, your case will proceed to trial.

• Jury vs. Bench Trial: You have the right to choose between a jury trial (where a jury decides your guilt or innocence) and a bench trial (where the judge makes the decision). Your attorney can advise you on which type of trial is best for your specific situation.

• What Prosecution Must Prove: To convict you of DUI, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol or drugs. This often involves presenting evidence of your blood alcohol content (BAC) exceeding the legal limit of 0.08%, or evidence of your impairment.

• Common Defenses: Common DUI defenses include:

• Challenging the accuracy of the breathalyzer or blood test.

• Arguing that the police lacked probable cause to stop you.

• Questioning the validity of the field sobriety tests.

• Demonstrating that your impairment was due to a medical condition.

• Typical Trial Length: DUI trials can last from one to several days, depending on the complexity of the case.

Penalties for DUI in Licking, OH

Ohio DUI penalties are determined by several factors including BAC level, prior DUI convictions, and any aggravating circumstances.

First Offense

• Jail Time: 3 days to 6 months
• Fines: $375 to $1,075
• License Suspension: 6 months to 3 years
• Other Requirements: Alcohol/drug assessment and treatment, possible ignition interlock device (IID)

Second Offense (Within 10 Years)

• Jail Time: 10 days to 6 months
• Fines: $525 to $1,625
• License Suspension: 1 to 7 years
• Other Requirements: Alcohol/drug assessment and treatment, mandatory ignition interlock device (IID)

Third Offense (Within 10 Years)

• Jail Time: 30 days to 1 year
• Fines: $850 to $2,750
• License Suspension: 2 to 12 years
• Other Requirements: Alcohol/drug assessment and treatment, mandatory ignition interlock device (IID), vehicle forfeiture may be required

Note: Penalties increase significantly for subsequent offenses and for offenses involving high BAC levels (above 0.17%). A fourth DUI conviction within a 10-year period is a felony in Ohio.

Court Programs in Licking

• Diversion Programs: While not always available for DUI offenses, Licking County may offer diversion programs for certain first-time offenders. These programs allow individuals to avoid a criminal record by completing specific requirements, such as community service, substance abuse treatment, and paying restitution. Your attorney can advise you if diversion is an option in your case.

• Drug Court: Licking County may have a drug court program designed to address substance abuse issues that contribute to criminal behavior. This program typically involves intensive supervision, drug testing, and treatment.

• DUI Court: Some jurisdictions have specialized DUI courts that focus on repeat DUI offenders. These courts often provide intensive supervision and treatment to address underlying substance abuse problems. Inquire with your attorney as to whether this option is available.

• Community Service Opportunities: Community service is often a component of DUI sentences in Licking County. Your attorney can help you identify suitable community service opportunities.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo ID.
• Court Summons: The document you received that informs you of your court date.
• Any Documentation: Any documents related to your case, such as police reports, insurance information, or medical records.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing such as jeans, t-shirts, or athletic wear.

Local Court Procedures

While general DUI procedures are similar across Ohio, Licking County may have some specific local practices. It is important to consult with a Licking County DUI attorney to understand these local nuances. For example, there might be specific requirements for filing certain motions or particular judges known for certain sentencing practices. Your attorney will be able to navigate these local procedures effectively.

Disclaimer: This guide provides general information about the Licking County DUI court process. It is not a substitute for legal advice from a qualified attorney. If you have been arrested for DUI in Licking County, it is essential to consult with an experienced DUI lawyer to protect your rights and explore your legal options.