Always plead ``not guilty'' at your first court appearance because that will at least get you a Pretrial Conference and a chance to plea bargain with the prosecutor. If you are .
Roughly three out of 10 Californians charged with DUI were not convicted of the crime. Because the burden is on the state to prove that someone was under the influence of a drug or alcohol, there are multiple defenses that an attorney can use to help their clients get their DUI case dismissed.
To win a jury trial, the defense must raise reasonable doubt about the validity and/or accuracy of the test results, as well as mitigating or rebutting the observations and testimony of law enforcement officers involved in your case that lead to their conclusion your ability to drive was impaired.
The punishment for a first DUI varies by state but often includes fines, license suspension, probation, mandatory alcohol education, and possibly community service. Jail time is rare for first offenses but may apply in cases of high blood alcohol content or accidents.
The circumstances of each case are different. But at a DUI trial, the prosecution's evidence often includes the testimony of the arresting officers and chemical test results showing how much alcohol or what drugs were in the driver's system at the time of the arrest.
To win a jury trial, the defense must raise reasonable doubt about the validity and/or accuracy of the test results, as well as mitigating or rebutting the observations and testimony of law enforcement officers involved in your case that lead to their conclusion your ability to drive was impaired.
15. RIGHT OF TRIAL BY JURY. The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.
Make the evidence clear and understandable. Give the jury road-maps as you put it together with them. Use diagrams or document summaries — anything and everything so the jury understands that you are doing whatever is in your control to give them the tools to put together the evidence.