Jury Trial For Dui In San Jose
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FAQ
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.
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.
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.
A Look at the Trial Process Presentation of Evidence and Testimony of Witnesses. The plaintiff's or prosecution's case is presented first. Closing Arguments. Presentation of Jury Instructions (Charging the Jury) ... Deliberation. Announcement of the Verdict.
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.
Preparing for Your DUI Trial in California: Key Steps Hire an Experienced DUI Attorney. Understand the Charges and Potential Consequences. Gather and Review Evidence. Challenge Evidence and Testimony. Develop a Defense Strategy. Prepare for Testimony. Prepare for Trial Procedures. Consider Plea Bargaining.
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.
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.
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.
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.