2nd Preliminary Hearing?

[cpu]

What is the name of your state (only U.S. law)? Montgomery County, PA

Is it possible for a first time DUI offender who blew between .08-.10 to have a second preliminary hearing / arraignment after the Magisterial District Judge?

These district judges are not required to be lawyers, so it seems habeas corpus may entitle someone to a 2nd preliminary with a higher-tier court or a commonwealth judge? How would they go about securing that?

 

[FlyingRon]

Habeus corpus? Are they in custody?

The local magistrates only rule on bail and probable cause. The standards are pretty low and what reasoning do you have that something improper happened at the prelim?

The prelim is NOT the arraignment. The arraignment will take place in the common pleas court that will actually hear the DUI case.

 

[cpu]

No, they are not in custody.
Assuming I do have good reasoning that the 1st prelim was improper, what would be the procedure to request a second?

 

[Thomas Howard]

What is the name of your state (only U.S. law)? Montgomery County, PA

Is it possible for a first time DUI offender who blew between .08-.10 to have a second preliminary hearing / arraignment after the Magisterial District Judge?

These district judges are not required to be lawyers, so it seems habeas corpus may entitle someone to a 2nd preliminary with a higher-tier court or a commonwealth judge? How would they go about securing that?

Leave all that to your attorney. On a DUI don't go to court without one.