What is an OUI compliance hearing in the district court for? What does it consist of (ie. do I have to testify?) I've had compliance hearings with the RMV for OUI arrests before but never in district court...
Posted by: Edmizer1
I'm waiting to see a reply to see what it is also. My best guess is that someone is appealing a decision from an RMV hearing.
Posted by: NEPS
I don't know about an "OUI compliance hearing", but most criminal cases go through 4 dates:
1. arraignment date -- formal reading of charge, review for indigency/appointment of counsel, and conditions of release/bail
2. pretrial conference date -- what is needed in the way of discovery, what other issues are there
3. compliance and election date -- has the commonwealth provided all of the discovery requested by the defendant and, if so, will the defendant elect to be tried before a judge (bench trial) or a jury
4. trial date -- bench or jury trial
There also can be motion dates, where the defendant puts on a motion to suppress evidence or dismiss charges, or status dates, where the commonwealth and the defendant learn how a judge ruled on a motion or try to put together a deal. Also, there may be more than one of any of the above dates.
A plea agreement can be worked out on any date. In the district court where I work most cases of unlicensed operation, uninsured, and even many operating after suspensions are dismissed at arraignment on payment of court costs. More serious offenses usually wait until the defendant and his counsel have a little more information about the basis of the charges.
Compliance dates don't require testimony that I know of, but OUI compliance, I have heard, is getting more difficult for the commonwealth as the defense bar is demanding that the commonwealth produce experts on how BAC levels rise and fall in the bloodstream of a person who has been drinking.
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