I got charged with an OWI Saturday Feb.9th and have a preliminary hearing set for Wednesday Feb.13th. My BAC was .18. I got told I'm not eligible for a a deferred judgement. I just need to kno if I need a attorney for this hearing happening so quick? I live in Black Hawk County but this happened in Delaware County
You absolutely need an attorney. This hearing sets the stage for your trial. An attorney may look at all and even decide to have you waive your right to a preliminary hearing
This reply does not create an attorney client relationship
You can handle this yourself. Similarly, you can set your own broken tibia and reroof your house. Is it a good idea? Probably not.
You should work with a local attorney. Maybe a thorough review of the traffic stop and booking videos would reveal an issue with the stop or implied consent procedures? If the breath test is suppressed or otherwise ruled inadmissible at trial, then you may be eligible for a deferred judgment.
This has come and gone now, but I suspect you figured out that no, an attorney is not a must-have feature at a preliminary hearing. I suspect most/all Iowa attorneys would have waived the prelim. Practically nothing happens at a preliminary hearing in Iowa.
.18 usually means you aren't deferred-eligible, but as Mr. Murphy pointed out, if the datamaster numbers get tossed out/found to be inadmissible, you *may* be able to end up with a deferred. You want an attorney to review everything for any possible defenses that you may have.
Your next court date is likely an arraignment. An attorney may be able to take care of arraignment on paper for you ("written arraignment") to save you from taking the time to show up in court for another appearance at which little happens. I suggest finding and talking to attorneys now and retaining one before your arraignment date, but you were very probably not prejudiced in any way by not having an attorney for the preliminary hearing.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline