why do dui lawyer ask for a jury trial

Jury trials in DUI cases are extremely unpredictable, which can be risky but rewarding. An experienced lawyer knows the legal complexities of how to properly defend DUI offenders in a jury trial and understands that oftentimes law enforcement officials violate the offender’s constitutional rights during the course of the arrest and investigations.

Full Answer

Should I choose a jury trial or trial by Judge for DUI?

Because in most cases, defense attorneys believe they have better chances of beating the case with a jury. An experienced DUI attorney (whether a privately hired lawyer or public defender) is best situated to know whether a jury trial or trial-by-judge is preferable in a particular case.

Why do defense lawyers prefer a jury over a bench trial?

Defense lawyers almost always opt for a jury rather than a bench trial. Why? Because in most cases, defense attorneys believe they have better chances of beating the case with a jury.

What happens after a DUI case goes to trial?

The jury will either come to a unanimous verdict on your DUI charges or if their decision is split, a retrial or mistrial. If a mistrial is declared, the charges against you will be dismissed. If you plead guilty or are found to be guilty by a jury, a judge will decide your sentence of punishment.

What is the difference between a DUI bench trial and trial?

A DUI jury trial is different than a DUI bench trial. In most jurisdictions, you can opt for a trial by jury if you want your case to be decided by a jury. If you want your case to be decided by a judge only, you should choose a bench trial.

Why do lawyers ask questions of the jurors?

The attorneys can also ask questions designed to uncover characteristics or experiences that might cause potential jurors to favor either the prosecution or the defense. But the lawyers aren't allowed to ask overly personal questions, and they aren't allowed ask the jurors how they would decide the case in advance.

How often do DUI go to trial?

Typically about two percent of cases end up going to a jury trial. For some attorneys, it can go either way; it just depends on the cases. There might be times where ten percent or more of these cases will go to trial.

Is jury trial a right or responsibility?

The right to trial by jury in a criminal case resides in both Article III, Section 2 of the federal Constitution ("The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury") and the Sixth Amendment ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an ...

How often do DUI cases go to trial in Florida?

Probably, somewhere around 1 or 2% of cases actually make their way to trial, whereas the vast majority of cases end up in a plea agreement with another small percentage ending in the dismissal of the case in full.

How many points is a DUI in TN?

In Tennessee, the “Points” system is used to suspend your license after you get too many points (12) in a specified time period. Since first-time DUI offenses automatically result in a one-year suspension of your license, there is no reason to assign points to your license.

How long does a DWI case take in NY?

If you are charged with a Felony DWI, you have the right to a jury trial with twelve jurors. The District Attorney will announce when they are prepared for trial, 90 days after your arraignment. If you are charged with a felony, the time lapse will be 6 months.

What is bad about the trial by jury?

Juries have a bad reputation. Often jurors are seen as incompetent, biased and unpredictable, and jury trials are seen as a waste of time and money. In fact, so few criminal and civil cases reach a jury today that trial by jury is on the verge of extinction.

Why is a jury trial important?

The role of the jury is to provide unbiased views or resolution to evidence presented in a case in a court of law. Jury service helps to support fairness in trials; jury service is able to give impartial viewpoints on cases that are presented in court.

What sort of cases need a jury?

High Court: cases involving defamation, false imprisonment, malicious prosecution and cases alleging fraud. A jury of 12 members will be used. County court: cases involving defamation, false imprisonment, malicious prosecution and any cases alleging fraud. A jury of eight members will be used in these cases.

Can you get a DUI dismissed in Florida?

If you have been charged with a DUI in Florida, you may be wondering if there is any way to get your DUI charge dropped. The answer is yes. With the help of a skilled legal team, you may be able to have your DUI charged dropped.

What happens at a pre trial for a DUI in Florida?

Your attorney goes before the court, and the judge decides on your case's important key issues, such as admissibility of evidence. Motions regarding discover may possibly be argued at your hearing. At an evidentiary hearing, the arresting officer usually gives a testimony.

How long can a DUI case stay open in Florida?

According to Florida Statue 316.193, a DUI conviction cannot be expunged or sealed. Once you have a conviction it will remain on your record for 75 years. This is much longer than an individual typically remains driving–in theory a DUI will stay on your record forever.

What does the judge decide in a DUI trial?

In a bench trial, the judge decides everything. In a DUI jury trial, the judge still decides issues of law such as whether the breath test is excluded at a pre-trial motion, procedural questions like whether or not a witness should really be considered an expert, or whether or not an objection should be rejected, overruled or sustained (upheld). The jury, on the other hand, makes the decisions as to questions of fact such as who is telling the truth, or whether the evidence in the case justifies a verdict of guilty or not guilty.

How long does it take for a jury to deliberate?

In addition, the time it takes a jury to deliberate (decide guilt or innocence) can often run from two hours to more than a day.

What is the second trial called?

In these states, the SECOND trial (with a jury) will start from scratch, which is called a “de novo” trial.

Can you have a bench trial for DUI?

A DUI jury trial is different than a DUI bench trial. In most jurisdictions, you can opt for a trial by jury if you want your case to be decided by a jury. If you want your case to be decided by a judge only, you should choose a bench trial. In some jurisdictions (i.e., California), the prosecutor also can opt to have a trial by jury even if you want a bench trial.

Can you go to bench trial for drunk driving?

Certain types of drunk driving cases are usually not good candidates for a bench trial. For example, if your case involves a DUI breath test result exceeding the per se limit and your defense is that your high protein diet may have caused a false, elevated reading, few judges would be likely to give the same credence to your expert witness as the average juror would.

Can you pay a DUI attorney by the hour?

If you are paying your DUI attorney by the hour, this extra time can add up to significant dollars out of your pocket. Also, in order to explain things to a jury, your lawyer may need to use different expert witnesses, or possibly more than one expert witness, to help bring the jurors “up to speed” about your legal defense.

Can you win a driving under the influence case?

Winning a driving under the influence case is very possible at a jury trial. We have done it hundreds of times.

Can a DUI conviction haunt you?

The impact of a DUI conviction can haunt a person for years to come . But a good attorney can often get penalties reduced…and sometimes even get the case dismissed

Is it illegal to drive with an open container of alcohol in the passenger compartment of a car?

Open container laws in most jurisdictions make it illegal for a person to have an open container of alcohol in the passenger compartment of a car. DUI laws, on the other hand, make it a crime for a person to either drive under the influence of alcohol, or drive with a BAC of .08% or ...

Is it stressful to be arrested for DUI in California?

Being arrested for and charged with DUI in California is a stressful experience. For many people, the prospect of a DUI plea bargain to a reduced charge is a relief–and a greatly preferable alternative to the ordeal of a criminal trial for DUI. But it is important to know exactly what you are getting with ...

Do you have to go to trial for a DUI in California?

While the vast majority of California DUI cases resolve prior to trial, those that do not typically proceed to a jury trial (as opposed to a court, judge or “bench” trial). And because DUI trials are among the most common types of California misdemeanor trials, there are definitely some routine practices that you can expect to see.

Is a DUI a misdemeanor in Nevada?

A first-time DUI in Henderson, Nevada is usually prosecuted as a misdemeanor, presuming no one was seriously hurt or killed. In addition to a fine of up to $1,000, vehicle impoundment, license revocation, DUI school or substance abuse treatment, and other Nevada DUI penalties, you will wind up spending a minimum of 48 hours in the Clark ...

How many jurors are there in a DUI case?

In a felony case, there are normally 12 jurors, whereas in a misdemeanor case (most DUI cases involve only misdemeanor charges), the jury may be comprised of as few as six jurors .

What is the burden of proof in a DUI trial?

Because the government has the burden of proof, the prosecution presents its case first . In a DUI trial, the state’s case might include, for example, testimony from the arresting officer, lay witnesses who saw the defendant driving, and expert witnesses such as a lab technician who analyzed a blood or urine sample. The prosecutor may also present blood alcohol concentration (BAC) test results, photographs, and/or videos of the stop, field sobriety tests, and arrest. (Read about what the prosecution must prove for a DUI conviction .)

What is jury selection?

Jury Selection. Trial procedures vary by jurisdiction, but typically a jury trial begins with jury selection. Jury selection is known as “voir dire” (which literally means “to speak the truth”). During voir dire, the prosecutor and defense attorney question a group of potential jurors (the “jury pool”). Based on their answers, the prosecutor and ...

Why does the prosecution have to present the case first?

Because the government has the burden of proof, the prosecution presents its case first. In a DUI trial, the state’s case might include, for example, testimony from the arresting officer, lay witnesses who saw the defendant driving, and expert witnesses such as a lab technician who analyzed a blood or urine sample.

What is the purpose of opening statements in a case?

Rather, the attorneys are supposed to use their opening statements to outline for the jury what they believe the evidence will show. In other words, the parties explain, from their perspective, what the facts of the case are.

What happens if you are charged with driving under the influence?

What will happen if you’ve been charged with driving under the influence and your case goes to trial. Although many DUI cases (also called “driving while intoxicated” or “DWI”) are resolved before trial through plea bargaining, DUI defendants generally have a constitutional right to a jury trial. Most defendants on trial for DUI have ...

What is the purpose of a direct examination?

The prosecution questions its witnesses through direct examination, with the goal of eliciting information to strengthen the state’s case. After direct examination, the defendant’s attorney will have an opportunity to cross examine any witnesses that testify for the state.

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DUI’s can be scary! I would then explain it’s not the end of the world and if they want someone to handle their case then to talk to Mark Rosenfeld. They won’t regret it.

What happens if you plead not guilty to a DUI?

If you plead guilty, the judge will decide your punishment and you will not have to return afterwards. However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you.

What are the causes of DUI?

Probable cause situations that might lead to a DUI include: Empty beer bottles on the floor of your car. A strong smell of alcohol (or other illegal substances) coming from your vehicle. Slurred speech and questionable movements.

What are the stages of a DUI trial?

The different stages of a DUI trial consist of: Choosing a jury. The court will interview a number of people, then allow the defense (your lawyer) and prosecution to exclude certain jurors who they believe to be unfit for the case. Opening statements from your attorney and the state prosecutor.

What happens if you can't afford bail?

if you'd try to flee). If you can't afford to pay the set bail amount, you or your loved ones have the option of going through a bail bond agency.

What are some examples of DUI arrests?

For example, a police officer might initially pull you over for running a stop sign, driving with a broken tail light, or having expired registration.

What happens at the end of a preliminary hearing?

At the end of the preliminary hearing, the judge will either dismiss your case (so you don't have to go to trial) or send it to trial for a jury to decide upon.

Can you get behind the wheel of a car after drinking?

Drinking can be a fun and social activity, but as soon as you get behind the wheel of a car, you can turn a night of enjoyment into a life of regret. This guide will outline the entire process of a DUI case that you'll have to endure—from arrest to the conclusion of your trial—should you make the mistake of getting behind the wheel after drinking.