Jury Trial For Dui In Sacramento
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FAQ
You can only be excused from jury duty for: Medical reasons. Public necessity. Undue hardship. Dependent care.
Yes, you need to show up, you are not automatically disqualified unless you have a non-expunged felony on your record. You will need to disclose your DUI conviction and the lawyers and the judge will decide if you stay or go.
If you have been convicted of a felony when the conviction has not been set aside or a pardon issued. If you are a judge, clerk of a district court, a sheriff, or a jailer. If your spouse has been summoned for the same jury panel. If you or your spouse have a pending jury trial in any court.
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.
Yes, you need to show up, you are not automatically disqualified unless you have a non-expunged felony on your record. You will need to disclose your DUI conviction and the lawyers and the judge will decide if you stay or go.
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.
If the felony is reduced to a misdemeanor, this also restores one right to serve on a jury. Under California law, a convicted felon is disqualified from serving on a jury until and unless his or her civil rights have been restored.
This is where a mitigation letter comes in handy. DUI mitigation letters, also referred to as apology letters, are written to the judge or prosecutor to ask for a lighter sentence or a dismissal of your DUI charges. It paints a picture in the judge's or prosecution's mind of you as a decent person who made a mistake.
Improper Stop One of the most common defense strategies defense attorneys use in DUI cases is challenging the stop. This argument claims the arresting officer lacked reasonable suspicion or probable cause to make the initial traffic stop. For instance, your attorney might claim you didn't commit a traffic violation.