Comanche County Court Process

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

If you've recently been arrested for Driving Under the Influence (DUI) in Comanche, Texas, you're likely feeling overwhelmed and uncertain about what comes next. This guide is designed to provide you with a clear understanding of the Comanche County court process for DUI charges. We'll walk you through each stage, from your initial arraignment to potential trial, and explain the penalties you could face. Remember, this information is for educational purposes only and should not be considered legal advice. You should consult with a qualified Comanche County DUI attorney as soon as possible to discuss the specifics of your case.

Your DUI Case in Comanche Court

Navigating the legal system after a DUI arrest can be daunting. This guide aims to demystify the process in Comanche County, providing you with practical information about what to expect in court. Understanding the steps involved will help you make informed decisions about your defense and work effectively with your attorney. Remember that every case is unique, and the specific details of your arrest will significantly influence the proceedings.

Which Court Handles DUI Cases?

In Comanche County, DUI cases are typically heard in the Comanche County Court. This court handles misdemeanor offenses, which includes most first and second-time DUI charges. Felony DUI charges (typically third offense or DUIs involving serious injury or death) are handled in the Comanche County District Court.

While specific courthouse data isn't currently available, you can find information about the Comanche County Court online through the county government website or by contacting the County Clerk's office. The County Clerk's office will also be able to provide information on court hours and how to find your court date. Your citation should also list the court location and date. Generally, expect court hours to be Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays.

How to find your court date:

• Check your citation: The citation you received at the time of your arrest should list your initial court date and time.
• Contact the County Clerk's Office: Call the Comanche County Clerk's office. They can help you locate your court date using your name and date of birth.
• Online Court Records: Some counties offer online access to court records. Check the Comanche County website to see if this service is available.

The Court Process Timeline

The DUI court process in Comanche County generally follows these steps:

1. Arraignment (First Appearance)

• When it happens: Your arraignment is usually scheduled within a few weeks of your arrest. The exact date and time will be listed on your citation or summons.
• What to expect: At the arraignment, the judge will inform you of the charges against you and your rights. This is a formal reading of the complaint.
• Entering a plea: You will be asked to enter a plea of "guilty," "not guilty," or "no contest." Pleading "not guilty" is generally the best course of action at this stage, as it allows you and your attorney time to review the evidence and explore your options. A "no contest" plea means you are not admitting guilt, but you are not contesting the charges. The court treats it similarly to a guilty plea.
• Getting a court-appointed attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. You will likely be required to fill out a financial affidavit to demonstrate your inability to pay. The judge will then determine if you qualify for legal representation at the state's expense.

2. Pre-Trial Hearings

• Discovery process: This is a crucial phase where your attorney will gather information about your case. This includes police reports, breathalyzer or blood test results, video evidence (dashcam or bodycam footage), and witness statements.
• Plea negotiations: Your attorney will engage in negotiations with the prosecutor to potentially reach a plea agreement. This could involve pleading guilty to a lesser charge or receiving a reduced sentence.
• Typical plea deals in Comanche: The availability and terms of plea deals vary depending on the specific circumstances of your case, your prior criminal record (if any), and the strength of the prosecution's evidence. Common plea deals in DUI cases might include reduced charges like reckless driving ("wet reckless") or deferred adjudication, which allows you to avoid a conviction if you successfully complete probation.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury, where a panel of your peers will decide your guilt or innocence. You can also opt for a bench trial, where the judge makes the decision.
• What prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving a motor vehicle in a public place while intoxicated. "Intoxicated" means having a Blood Alcohol Concentration (BAC) of 0.08 or higher, or not having the normal use of your mental or physical faculties due to the introduction of alcohol or drugs.
• 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, or demonstrating that you were not intoxicated at the time of driving.
• Typical trial length: DUI trials can range from a few days to a week or longer, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in Comanche, TX

Texas law outlines specific penalties for DUI offenses. These penalties increase with each subsequent offense.

First Offense

• Jail time: 3 days to 180 days
• Fines: Up to $2,000
• License suspension: 90 days to 1 year
• Other requirements: DUI education classes, community service, potential installation of an Ignition Interlock Device (IID) in your vehicle, probation.

Second Offense

• Jail time: 30 days to 1 year
• Fines: Up to $4,000
• License suspension: 180 days to 2 years
• Other requirements: DUI education classes, community service, mandatory installation of an Ignition Interlock Device (IID) in your vehicle, probation.

Third Offense

In Texas, a third DUI offense is a felony.

• Jail time: 2 to 10 years in prison
• Fines: Up to $10,000
• License suspension: 180 days to 2 years (but often longer)
• Other requirements: Felony probation, mandatory installation of an Ignition Interlock Device (IID) in your vehicle, and other court-ordered programs.

Court Programs in Comanche

While information specific to Comanche County programs is limited, it's worth inquiring with your attorney about the availability of diversion programs, drug court, or DUI court. These programs offer an alternative to traditional sentencing and may allow you to avoid a conviction if you successfully complete the program requirements. Community service is often a component of DUI sentences and can be arranged through the court.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo identification.
• Court summons: The document you received notifying you of your court date.
• Any documentation: Any documents relevant to your case, such as insurance information, vehicle registration, or proof of employment.
• Professional dress code: Dress conservatively and professionally. Avoid wearing shorts, t-shirts, or revealing clothing. Business casual attire is generally appropriate.

Local Court Procedures

While specific information about local Comanche County court procedures is not available at this time, it's essential to consult with a local attorney who is familiar with the practices and preferences of the judges and prosecutors in the county. They can provide valuable insights into the nuances of the local legal system and help you navigate the process effectively. They will also be aware of any local programs or initiatives relevant to DUI cases.

Disclaimer: This guide provides general information about the DUI court process in Comanche County, Texas, and is not a substitute for legal advice from a qualified attorney. Laws and procedures can change, so it is essential to consult with an attorney to discuss the specific facts of your case.