SEATTLE DUI-MUNICIPAL COURT DOES THINGS ITS OWN WAY
DUI arrests by Seattle police officers are charged by the Seattle City Attorney’s office in Seattle Municipal Court. Like all courts, Seattle Municipal Court has its own quirks, which can be frightening to the inexperienced. Learning something about the procedures you or your loved one might face in Seattle Municipal Court can help you feel more comfortable and prepared to appropriately handle your case.
First Court Appearance: The Intake Hearing
In Seattle Municipal Court, the first appearance is called an intake hearing rather than an arraignment. These hearings are typically scheduled at 9:00 a.m. in courtroom 302 at the Seattle Justice Center. However, occasionally, a case is assigned to a Saturday intake hearing which take place at a courtroom in the King County Jail.
At the intake hearing, you will be asked to enter a plea to the charge. You should plea NOT GUILTY. After accepting your plea, the judge will address what, if any, conditions should be imposed on you while the case is pending.
It is common for Seattle DUI prosecutors to request that anyone accused of a Seattle DUI post bail. If the judge agrees, you could be taken into custody from court until you are able to arrange to have bail posted. It is important to discuss this scenario with an attorney experienced with Seattle DUI cases so that you can be prepared and avoid being booked into jail. We recommend that you come to court prepared to post bail. We can discuss this with you further and help make arrangements with a reputable bail bondsman.
Additionally, Seattle DUI prosecutors regularly ask for other conditions to be imposed on drivers accused of DUI. These conditions can include an order that you not operate any vehicle unless it has an ignition interlock device installed.
Finally, in some cases, Seattle DUI prosecutors have been known to recommend the installation of alcohol detection devices in the home of a driver accused of a Seattle DUI and place the accused under house arrest. And judges in the Seattle Municipal Court are known for imposing these restrictions-even on first offense DUIs.
We recommend that you contact a DUI attorney immediately, so you have representation at this first court appearance. Otherwise, without representation, you are more likely to face one of the harsher release conditions.
Second Court Appearance: DUI Pretrial Hearing(s)
The first pretrial hearing (yes, there can be more than one) is typically scheduled about one month after your intake hearing. During this time, an experienced Seattle DUI attorney will obtain the police reports, witness statements, possible video evidence and start negotiations with the prosecutor. Your DUI attorney will look for problems with the evidence that empowers negotiating for a reduction in the charges or even dismissal. Your DUI attorney may also negotiate a DUI reduction based on equitable reasons such as a clean record or a low breath test.
It is common that your case will not be ready for resolution at the first pre-trial hearing. Your attorney may need additional time to obtain additional evidence and/or negotiate further with the prosecutor. Typically, Seattle DUI cases are continued at the first pre-trial hearing another 30 or so days.
Ready for Trial: Readiness Hearing
If it is not possible to resolve your case at the pre-trial hearing stage, youyou’re your attorney may elect to set the case for a trial. If so, the Seattle Municipal Court judge will schedule a readiness hearings one to two weeks before the scheduled date for your Seattle DUI trial. Seattle Municipal court does not require your presence at this hearing unless you have failed to appear at one of your previous court appointments. This hearing gives both the prosecutor and your defense attorney the opportunity to ask for a continuance if they are not ready to go to trial. It is also not unusual for cases to be continued at readiness due to scheduling issues with witnesses, the court, or the attorneys.
Evidence Suppression & Legal Issues: Motion Hearings
Seattle Municipal Court likes to be efficient. Often, instead of scheduling a separate hearing to hear arguments on pretrial motions, Seattle judges prefer to hear the motions on the day of the trial. They are willing to hold the motions hearing prior to the trial date if the motions might resolve the case and make a trial unnecessary.
A motions hearing in a DUI case gives the DUI Prosecutor and your attorney the opportunity to bring legal motions before the court connected to the case. In the process of defending you, your DUI attorney will move to have evidence suppressed or limited.
Trial: Judge or Jury
A DUI trial in Seattle Municipal Court can be a Judge (or Bench) trial or a Jury trial. A Bench trial is before a judge who will listen to all the evidence and the arguments of the attorneys and make a decision about guilt. A Seattle DUI Jury trial would be heard by six people from the community who will make the final decision about guilt.
A trial for a Seattle Municipal Court DUI may take many days to complete. It is common for the court to schedule several trials for the same day. Plan on waiting hours, and even days before your DUI case is resolved.
