Jury Trial For Dui In Virginia
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Twelve persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case.
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.
Always plead ``not guilty'' at your first court appearance because that will at least get you a Pretrial Conference and a chance to plea bargain with the prosecutor. If you are .
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.
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.
Make the evidence clear and understandable. Give the jury road-maps as you put it together with them. Use diagrams or document summaries — anything and everything so the jury understands that you are doing whatever is in your control to give them the tools to put together the evidence.
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.
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.
Jail-Related Penalties for DUI If it is a standard first offense DUI with a BAC of 0.14 or below, the odds are very strong that they will not get any jail time in Virginia. However, even if it is the first offense, if a person's BAC is 0.15 or higher, they are looking at mandatory minimum jail time.