THE KAVINOKY LAW FIRM

Those accused of violating California DUI laws may be charged with misdemeanor or felony drunk driving, vehicular manslaughter, or even murder.  If the case is not resolved with a plea bargain (a negotiated settlement where either the charge and/or the settlement terms are reduced in exchange for a guilty plea), the criminal defendant has the right to insist upon a jury trial.

A jury trial in drunk driving case is not unlike any other criminal trial.  It will begin with the selection of 12 jurors (and a few alternate jurors) that will listen to the facts surrounding the DUI case and apply the law as instructed by the judge who presides over the trial.   Experienced DUI trial lawyers agree that jury selection is one of the most, if not the most, important part of the trial.  While it is supposed to be a time to de-select those potential jurors that are biased against the defense, it is really a time to argue the defense case and lay the foundation for later appeal to the jurors. It goes without saying that if a receptive jury panel is not selected, the defense can have the best case in the world, and it will fall on deaf ears.  Cases are often won or lost in jury selection, and studies reveal that jurors make up their mind early in the proceedings, well before they retire to deliberate about the case.

Next will be opening statements from both the prosecutor and defense attorney; the prosecutor has the burden of proof, and therefore goes first.  The defense has the option of either making an opening statement immediately after the prosecution’s statement, or may defer until just before the defense begins its presentation of evidence.  As a practical matter, it rarely makes sense to defer.  Jurors start making decisions very early on, and it is vital to put the defense theories in the minds of the jurors as early as possible, so they are not just blindly accepting the prosecutor’s theories without having the defense position in mind too.

Then the presentation of evidence begins with the prosecution’s case, where the deputy district attorney or city attorney will call witnesses such as the arresting officer, the officer that administered any breath testing, the nurse that drew any blood sample and a forensic expert from the prosecution crime lab. The defense attorney will be allowed to cross-examine all of these prosecution witnesses.

Next will be the presentation of the defense case, which may include percipient witnesses or defense forensic experts.  The prosecution will be allowed to cross-examine these defense witnesses.

Once the evidence portion of the DUI case has been concluded, the prosecution and defense will have the opportunity to argue their cases to the jurors.  The prosecution has the burden of proof, and is allowed to argue twice.  The first closing argument is delivered by the prosecutor, then the defense lawyer argues, then the prosecutor gets to do a rebuttal argument.

The judge then instructs the jurors on the law they must follow as they decide the case, and determine whether each element of each crime charged has been proved beyond a reasonable doubt, to the exclusion of every reasonable doubt.  If there is a reasonable doubt about any element of the crime, then the defendant is entitled to an acquittal, or a vote of not guilty, relating to that charge.

If all 12 jurors agree that the prosecutor has met that burden, and that each element of the offense has been proved beyond a reasonable doubt, then a guilty verdict is returned as to that count, or charge.  If all 12 jurors agree that the prosecution has failed to meet this burden, then the jury is to return an acquittal, or a finding of not guilty.  If there is any other numerical division between the jurors, whether 11-to-1, 1-to-11, 6-to-6, or anywhere in between, this is called a “hung jury” and a mistrial is declared.  While the prosecutor is legally entitled to bring the case again, depending upon the numerical division of the jurors and how the trial proceeded, the court may entertain a motion to dismiss by the defense.  Or, this may be an excellent time to once again engage the prosecutor in plea bargain discussions; oftentimes a fantastic deal can be worked out and a second trial avoided if the defense is successful in hanging the jury in the first trial.

The Kavinoky Law Firm is staffed by dedicated, experienced, caring trial lawyers, and would be happy to review your case and discuss potential trial strategies, or how to best avoid trial, at no cost or obligation to you.  Call The Kavinoky Law Firm today at 1-800-NO-CUFFS for a free consultation.