Getting a DUI Arrest to Trial Within the State of

Getting a DUI Arrest to Trial Within the State of California

Driving intoxicated, also called DUI, is actually a felony charge which has harsh penalties that can include incarceration. Once you enlist the assistance of a DUI lawyer, he can help you to take all the legal steps that you need to and may also take the case to trial so that you can prove your innocence. Only a few cases of DUI wind up heading to trial. Many times your DUI attorney and the district attorney's office can reach some sort of settlement. When this is not possible, your case goes to trial in which a jury of your peers will examine the evidence against you and make a decision about your guilt or innocence.

Jury Trial for Dui

Within the state of California, every time a criminal case such as a DUI case is tried, there's a jury of twelve people and up to two alternate jurors. The prosecution and also the defense has the opportunity to evaluate each juror to ensure that a panel of unbiased and fair jurors is selected. Following the seating of the jury, the DUI trial will most likely go in this way:


The opening statements are presented. The prosecution and defense will present an opening statement for the jury, outlining the case and what either side intends to prove during the trial process. The prosecution will give their statement first as the burden of proof lies with them. The defense follows using their opening before proceeding. It is during the opening statement phase of your trial that your chosen DUI lawyer will begin the persuasive process that helps the jury to maintain an open mind. Chances are that your lawyer will be reminding the jury that it's the task of the prosecution to prove guilt. As a matter of fact, the defense does not need to introduce any evidence into record or call any witnesses if they don't want to. Essentially, the prosecution must prove beyond a reasonable doubt you were intoxicated in order for the jury to render a guilty verdict.

Testimony. After opening statements have been given, testimony begins. Each side can call witnesses to testify about facts which are connected to the case. The testimony of the arresting officer is usually the basis of the case from the prosecution. Your DUI lawyer will cross examine the arresting officer, and it can be this cross examination that will usually make or break any chances which you have for being acquitted. Your lawyer will attempt to discredit the information which the officer provides by questioning the results of your chemical tests or field sobriety tests that were used to determine your impairment. Did the police officer have cause to pull you over? What was the premise of your arrest? These are generally some of the varieties of questions that the defense will use to poke holes within the best witness which the prosecution has, the arresting police officer. Your DUI attorney can also question the laboratory personnel that examined your blood for BAC testing or call independent experts as witnesses to oppose the prosecution's claims. You, the defendant, might or might not be asked to testify, and that is up to your lawyer and you.


The closing arguments. The facts are going to be summed up with the prosecution and your DUI lawyer during the final arguments. When it is possible, your DUI lawyer will be trying to put reasonable doubt into the thoughts of the jury. After closing arguments, the jury will deliberate on the case and return a verdict before the judge of the case imposes sentence.

As outlined, it's a complicated undertaking to complete a driving under the influence jury trial. Make sure that you get in touch with your DUI lawyer as soon as possible after your arrest so your defense can be well planned.


------

If you need a great Sacramento DUI lawyer then check out the Law Offices of Brianne Doyle and call her at 916-806-6400. She's a top notch Sacramento DUI lawyer and can help you get through your DUI arrest.

You have read the best review article categorized by IRS Tax Attorney and the title Getting a DUI Arrest to Trial Within the State of. You can bookmark or spread this post by using this URL https://attorneygeneralusa.blogspot.com/2012/01/getting-dui-arrest-to-trial-within.html. Thank You!