Jury Trial For Dui In Michigan
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FAQ
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.
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.
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.
Juror Personal History Section of Questionnaire Have you, a family member, or close friend ever been in a serious traffic accident? ... Have you ever been a victim, witness, plaintiff or defendant in a criminal or civil suit? ... Have you ever been convicted of a misdemeanor other than traffic violations?
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.
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.
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.
A pretrial hearing has three objectives: First, it provides an opportunity for an early resolution of the case without a trial or to narrow the issues for trial. Secondly, this hearing is used to establish time frames for discovery, to exchange witness lists, and to file motions.