Jury Trial For Dui In Massachusetts
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FAQ
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.
What are the Disadvantages of a Bench Trial in California Only the judge decides as opposed to a 12-member jury. Thus, your fate rests in one set of hands versus 12 sets of hands. The judge is familiar with all the evidence. A judge may be able to be unbiased, but that only goes so far.
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.
How Can You Challenge a DUI/OUI Arrest in Massachusetts? Some Common Steps to DUI/OUI Defense in the State. Challenging the Legality of a Traffic Stop. Challenging the Breathalyzer Test. Demonstrating the Case or Evidence was Mishandled. Challenging the Facts of the Case.
Deciding Between a Bench Trial and Jury Trial Generally, it is better to have a bench trial when legal issues are involved in the case that can determine its outcome. Judges may be more open to hearing legal arguments about case law and similar findings in the same jurisdiction.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
What Are Some Defenses for a DUI in Massachusetts? The Stop Was Illegal. The Arrest Was Not Supported by Probable Cause. You Were Not Actually Driving. The Breathalyzer Test Was Faulty. You Were Not Over the Legal Limit. The Officer Did Not Properly Administer Field Sobriety Tests. You Were Not Read Your Miranda Rights.
In exchange for a two-year probationary period, completion of an alcohol education course, and 45-90 day loss of your license, the court will have your DUI charges dropped (after you complete probation) and there will be no conviction on your record.