What does in mean if the prosecutor doesn't show up at your pre-trail case for a first DUI? ?

Question

At my pre-trial for my first DUI case (not guilty by the way) the prosecuter did not show up and they didn't even have my paperwork at the court house. My lawyer has made contact with the prosecuter and not calls have been returned as of yet and its been several days since my pretrial. What does this mean. Will it benefit me in any way?

Answer 1

A pre-trial conference is simply a way for the prosecutor and defense attorney to get together and talk about possible plea bargains, scheduling trials, stipulations, etc.  The prosecutor has several hundred active files and doesn't know you from a load of hay and will eventually devote about 30 seconds to looking at your file.  After that 30 seconds he will decide what to do.  He can decide to take the case to trial, to offer a plea bargain or to dismiss.  The fact that he didn't already spend that 30 seconds on you means nothing more than he was busy.  

Answer 2

It means you can lodge what amounts to probably nothing more than a specious argument of prejudice at this point.

If I was the lawyer, I would've immediately filed a motion to stay the proceeding (and in fact, had one that was typed up and ready to file, in my briefcase), to counter that contingency.

You've been ARGUABLY prejudiced if you haven't been able to get timely access to full disclosure or have been unable to proceed when you were ready to proceed with something like the ability to question the other side.

My question in this is what are you paying the lawyer for, if you need to go into Yahoo Answers to find this out? I would be firing his sorry behind, and taking him to the state bar association.

ADDENDUM

If you refused to blow, I would argue a highly technical legal defence wherein if you have any type of medical issue which restricts your ABILITY to blow, the winning of that argument could save your hide.

Answer 3

Last spring I got pulled for a DUI. Where I live a 0.08 is considered too drunk to drive. I'm not sure what the limit is in Michigan. Try contacting a DUI attorney for help. http://www.findaduilawyeronline.com  

Answer 4

They don't have to. I don't even think the prosecutor has to do DUI's in most states. Usually it's just the judge figuring out what happened because you have already been convicted of the crime via Blood/Breath test.

Best of luck