Steps In The Dui Trial
Posted: May 17, 2014
DUI or Driving under Influence is a punishable offence, and the violator, if convicted can be sentenced, or penalized, or both, depending on the severity of the offence. Here are the different types of DUI offences, and the possible conclusions;
- Vehicular homicide: serving a jail sentence if DUI driving has resulted in someone’s death
- 1st DUI: a jail term or penalty, depending on the state in which the offence took place
- 2nd DUI: a jail term, depending on the state in which the offence took place
In event of facing a situation where a court hearing is necessary, here are the steps of the trials proceedings. It is recommended to hire a DUI lawyer, and prepare the case accordingly.
- Opening statements: while opening statements are often skipped in ticket related cases, it is advisable to not skip this when defending the case. A good opening statement will help in making a good impression on the jury. A confident presentation in front of the jury, defending the case, and listing the evidence that can be produced to prove innocence can help in setting the base for the case.
- Prosecution’s testimony: in this stage, the prosecution’s witness will be asked to stand in the box. While the defendant can object to any improper questions, it is advisable to reserve objections for extremely critical instances. Also, hiding evidence or information from the jury at any point may backfire.
- The cross examination: at this stage, the prosecutor’s witness is cross examined by the defendant. Being firm and polite is advised, and if the DUI lawyer is handling the case, make sure they stay to the point, and politely interrupt if the witness tries to overshoot the answer.
- Defendant’s testimony: here, the defendant is given a chance to present their side of the story. It is important to maintain a calm and polite demeanor, and not overreacting. It is important to maintain that there has been a mistake and that the defendant has been charged incorrectly. It is also important to be open and read any non verbal signs across the jury. Adapt accordingly.
- Defendant’s witnesses: post the cross examination of the defendant by the prosecution, the defendant is asked to present witnesses. Here the defendant can choose to either, let the witnesses narrate their statement, or let the DUI lawyer question them. It depends on the judge, so it is advisable to be prepared both ways.
6. Cross examination by the prosecutor: the defendant’s witnesses will then be cross examined by the prosecution. Make sure the witnesses are well prepared, and do not falter when questioned aggressively by the prosecution. Here, it is advisable to pre-prepare the witnesses with the expert advice of the DUI lawyer.
7. Closing arguments: while judges will decide the case on the basis of the evidence provided, the jury is more open to listening to the arguments presented. In this stage, both the defendant and the prosecutor will be allowed to present their closing arguments to the jury.
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