My DUI charges was waived by lower court? not sure exactly what this means.

Asked about 3 years ago - Pittsburgh, PA

Lower Court Disposition 05/19/2011

1 / Open Lewdness Waived for Court (Lower Court) M3 18§5901

2 / DUI: Gen Imp/Inc of Driving Safely - 1st Off Waived for Court (Lower Court) M 75§3802§§A1*

3 / DUI: Minor - 1st Offense Waived for Court (Lower Court) M 75§3802§§E*

Above is what is stated on the http://ujsportal.pacourts.us ... which is PA records.

Attorney answers (2)

  1. Adam D. Zucker

    Pro

    Contributor Level 17

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    Answered . What waived for court means is that you waived your prelminary hearing on that charge. Meaning that you agreed that the Commonwealth would have the ability to meet its burden at the lower court and that you gave up your right to a hearing at the lower Court. This DOES NOT mean that you plead guilty or that your were found guilty. You still get a trial if you want.

    This information does not create an attorney /client relationship and should not be use or relied upon to make any... more
  2. George A. Heym

    Contributor Level 10

    Answered . At a preliminary hearing the Commonwealth must provide prima facia evidence that you committed the offenses you were charged with for the case to proceed to the trial court level. This is a relatively low burden of proof as the magistrate must accept all evidence as being true for the purposes of the hearing. As noted above, this does not mean you were found guilty, but only that the hearing was waived and your case will proceed to the trial court.
    If the prelim was waived incorrectly an attorney can request that you be granted a preliminary hearing. You should have an experienced DUI lawyer review what happened and review your case so that you can proceed in the appropriate manner.

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