Jury Trial For Dui In California
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Explain how your actions have affected others and that you understand why your actions were wrong. Explain Your Circumstances – You may evoke some sympathy from the judge if there were extenuating circumstances for your DUI.
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.
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.
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.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.
Legal Defenses You Can Use To Get Your DUI Charges In California Dismissed You Were Driving Poorly, But Not Driving Under The Influence. Field Sobriety Tests Are Sometimes Unreliable. Mouth Alcohol Can Cause Falsely High Blood Alcohol Content (BAC) ... The Arresting Officer Did Not Observe You For 15 Minutes As Required.
If you cannot resolve your DUI with the prosecution, you must take the case to a trial by jury. The trial will be decided by a jury of 12 people from the local community. If you are found guilty, then you will be sentenced by the judge based on the specific charges and many other relevant factors.
Some studies have suggested that as many as 20% to 30% of DUI cases may be dismissed or result in an acquittal.
At a defendant's arraignment, if they enter a "not guilty" plea, there will be several pretrial trial proceedings designed to resolve the case. If a plea bargain is not reached, then the case will proceed to trial.