Anyone charged with a DUI or other criminal offense is entitled by the Constitution to a jury trial. At a jury trial the prosecution is for acquired to put on sufficient evidence to prove that you are guilty of the offense charged beyond a reasonable doubt.
In a California DUI case, the state must prove that the officer had probable cause to stop you. This critical element requires that the driver violated at least one or more of the sections of the vehicle code. Examples of common reasons to stop a driver in a DUI arrest are speeding, weaving, following too close, or failing to stop at a stop sign.
Although most of our clients contest the issue of their own impairment at the time that they were driving and stopped by the police, physical and/or mental impairment is not a requirement of a driving under the influence prosecution.
California law requires that the driver had a blood alcohol level (BAC) of .08 or greater. A recent trend in some counties and courthouses is to even file blood-alcohol levels of .07 and .06 where significant impairment is present.
Our firm of DUI specialists with over 30 years of daily courtroom experience scrutinizes these critical elements of a DUI offense with each client we represent. Our firm never presumes that any client is guilty, just because they were stopped and just because they may have been drinking. Statements contained in one’s police report are carefully scrutinized for accuracy whether by our clients or by the officer arresting them.
Witnesses for the driver, preferably not drinking can provide significant help to strengthen the credibility of our clients position and statements.
The exercise of your rights to a jury trial should be carefully made with the assistance of your attorney by objectively weighing the merits and strength of both sides of your case. An experienced attorney, like lawyers at our firm, are in a superior position to examine a pending case for errors, orsshoddy police work, inaccuracies in the drawing of blood or breath testing process, and looking at the weight of both prosecution and defense witnesses.
It is true with every decision one makes, that there are benefits and potential risks associated with every decision. This is certainly true of weighing the decision of whether or not it’s in your best interest to pass on a plea bargain, and try your case in front of a jury. It is important to consider not only the benefits of winning, but the potential risk including incarceration plus a number of other potential penalties, if you are found guilty.