Featured News 2014 Jury Trial Process for a DUI

Jury Trial Process for a DUI

When someone is going to have a jury trial in their DUI case, the process will differ slightly from a trial before a judge. If you are considering whether or not to ask for a jury trial, or if you are about to face one, keep reading to learn how the events will proceed.

Once the jury has been selected, the date of the trial has arrived, and the jurors have been sworn in by a judge or clerk, the trial will appear to be much the same as it would have if the trial were before a judge alone. The first order of business are the opening statements. This allows a jury to hear your version of the events from the beginning. Then the prosecution would bring up their witnesses.

The arresting officer will certainly be one of these witnesses. They will describe the probable cause they had for pulling you over (such as your running through a red light) and what they observed as they pulled up, such as any odors or speech that made them suspect intoxication. They would also detail how you performed on any sobriety tests and the results of any chemical tests, or they would testify to the fact that you refused these tests. Then your attorney would get the chance to cross-examine all witnesses, including the officer, in order to build a case that there is another explanation for the events leading up to the arrest other than impairment and/or to establish whether any rights were violated.

Then it will be time for the defense to offer testimony. This will mean that you would have the chance to testify, an opportunity you usually want to avail yourself of. But, if you have a prior DUI conviction or a prior felony conviction, then a prosecutor could bring this up, thus tainting your testimony. If you have any hesitations about giving testimony in your case, then you should consult your attorney about your options, if you should refrain from testifying or not. Then your attorney may have other witnesses, such as other people who were in the vehicle with you or other witnesses of the arrest. Their version of events could explain the real reasons behind what an officer saw.

Each witness for the defense will also be cross-examined by the prosecutor. If you do decide to testify, then if a prosecutor asks you a question that you do not quite understand, you can ask him or her to repeat or explain the question. Also, if you do not know an answer, you can say so, and you also have a right to explain why you do not know. If you do know an answer to a rather straightforward question, however, there is no point in giving a vague answer or trying to not answer. A jury would not look favorably on such behavior.

Then come the closing arguments. After the testimony and evidence has been given, both prosecutor and defense lawyer get to provide their final arguments. While judges are likely to have already decided a case based off of the evidence before closing arguments come, a jury may be more attentive to closing arguments because they may still not have made a decision.

If you work with a local DUI attorney, you could be working with someone who not only has a thorough knowledge of your state's laws, but someone who also may be acquainted with the judge and prosecutor in your case. All of which can give you an edge in your case. If you face DUI charges, it is in your best interests to find the skilled DUI lawyer you need as soon as possible.

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