DUI Motions and Jury Trials
Riverside, San Bernardino, Los Angeles & Orange County DUI Criminal Lawyer & Attorney
In some DUI cases, your WILL & WILL, LLP DUI defense attorney may suggest filing a PC 1538.5 motion on your behalf. This is a motion to suppress evidence. It is normally brought when your DUI defense lawyer believes that the officer did not have probable cause to stop and/or contact you in the first place. Thereafter, anything he/she did during a DUI investigation should be thrown out as fruits of the poisonous tree. If the court grants the motion, then the entire DUI case against you falls apart for the District Attorney’s office and they should dismiss the case against you. On the other hand, if the motion is denied by the judge, then the case proceeds as normal and either another pre-trial conference is set to try and re-negotiate the case, or the case is set for jury trial, whichever the client prefers. The experienced and knowledgeable DUI defense attorneys at WILL & WILL, LLP will always provide a clear picture of your case as it would be presented to a jury and try to help you make an informed decision regarding the best way to proceed with your case.
Most misdemeanor and felony DUI cases do get resolved without the necessity of a jury trial. However, there are a small percentage of cases that do make it to a jury trial. At a jury trial, twelve (12) jurors from the community are selected by your WILL & WILL, LLP DUI defense attorney and the deputy district attorney prosecuting your case. Those twelve people will be charged with the duty of hearing all of the prosecution and defense evidence and rendering a verdict in your case. They must come to a unanimous decision one way or the other or the jury is considered “hung” and no verdict is delivered. The prosecution puts their case in chief on first. Normally, they will call the arresting officer, a criminalist, and any other witnesses, if necessary. Your WILL & WILL, LLP DUI defense lawyer will cross-examine each and every one of the prosecution's witnesses and may call their own witnesses and experts to testify on your behalf. Furthermore, you will discuss with your WILL & WILL, LLP DUI lawyer, whether it is in your best interest to testify on your own behalf. It is your right to choose not to do so. All twelve (12) jurors must be convinced beyond a reasonable doubt that you are guilty before you can be convicted. As previously mentioned above, if they cannot unanimously agree on guilt or non-guilt, they are considered “hung.” If a case hangs, depending on the jury’s split you may/may not be re-tried for the same offense. Your experienced and knowledgeable DUI defense attorneys at WILL & WILL, LLP can explain this further.
The decision as to whether to go to trial is entirely up to the client. Our DUI lawyers will discuss with you all the advantages and disadvantages, risks and benefits as well as what defenses are available to you.
