An Outline of the DUI Jury Trial
Posted on May 14, 2014 10:34am PDT
What differences are their between a trial before a judge and a jury trial? Should you waive your right to a jury trial so that only a judge will hear your case? It really depends on the specifics of your charge, and your lawyer can explain what the best strategy is in your situation. The reasons for choosing either type of trial will vary, but essentially, once a jury is picked, a jury trial will be just about identical to a judge's trial—but with key differences. So what does a DUI or DWI jury trial look like? Your attorney is the one who can best inform you of what to expect in the process, especially if your attorney knows the judge and prosecutor in your case. But for now, here is a general overview of the DUI jury trial.
- The trial begins with opening statements. As this is a jury trial, your appearance and demeanor can have a massive effect. Now you could represent yourself and calmly face the jury to matter-of-factly lay out your case, but this is not a simple traffic ticket you're fighting. A good DUI lawyer will have mastered the art of persuasion, and that begins with the ability to craft a powerful opening statement.
- Next come's the prosecution's witness(es). The arresting officer will certainly be one of these witnesses.
- Then your lawyer can cross-examine the witness(es).
- Next are the defense's witnesses. You will likely be the first one. Then will come any other witnesses, perhaps someone else who was in the car with you and a doctor who could establish the real reason for your blood shot eyes and imbalance, or whatever the case was. Perhaps an expert could explain how a crucial mistake was made in your DUI tests.
- The prosecutor will have the chance to cross-examine each witness.
- Then come the closing arguments, which can have much more influence with a jury than with a judge. Judges aim to have already reached a conclusion because of the evidence itself, before the final arguments are made. Jurors can be swayed by how the evidence is tied up and explained in a closing argument.
If you have been charged with a DUI, you desperately need to get time on your side, enabling you and your attorney the ability to craft the strongest defense, perhaps even to resolve your case before it reaches a trial. When your reputation and freedom are all on the line, you don't want to be without an experienced legal advocate on your side. Find out what your defense strategies could be when you call a DUI attorney today!
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