Jury Trial For Dui In Phoenix
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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.
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.
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.
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.
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.
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.
The top 10 legal defenses to DUI charges are: The Officer Did Not Conduct a 15-Minute Observation. The Officer Did Not Comply with California's Title 17. Your BAC Was “On the Rise” You Were “Mentally Alert” Hypoglycemia, Diabetes or a High Protein Diet Inflated Your BAC. The Officer Did Not Follow Proper Procedure.
It is possible for a first-time DUI case to be dismissed, but that will require the help of an experienced criminal defense attorney who can research the facts of the case before forming a legal strategy to have the charges dropped.
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.
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.