Taking A Dui Case To Trial

By Author: M. Dye
Total Articles: 4
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Trying a DUI case is different than trying any other kind of criminal case. There are unique kinds of evidence which are almost exclusively used in DUI prosecutions. The Intoxilyzer 8000 is used almost exclusively in DUI prosecutions. Theoretically, in some jurisdictions, a breath test can be used for other types of criminal offenses where consumption of alcohol is part of the offense. However, those statutes are exceedingly rare. Additionally, qualitative urinalysis to detect the presence of a controlled substance is, to the authors knowledge, exclusively utilised in DUI proceedings. Lastly, blood analysis to detect the presence of controlled substances and/or alcohol is, yet again, almost exclusively used in DUI prosecutions.In DUI cases where a test result is involved, the DUI Attorney must have the ability to effectively convey to the jury the flaws in the State's testing methodology. To be able to convey the correct information to the jury, the attorney must know the different sorts of tests as well as the shortcomings of the various tests. That is why hiring an experienced DUI attorney is crucial for a case. An ...
... attorney cannot get experience with these types of tests in most any other type of case. Under Florida Law, most DUI trials are held within the County Court. Among the benefits of trying a DUI case in Florida is the fact that you are entitled to a jury trial in the initial setting. Many jurisdictions only provide for a trial by judge with the right to appeal to a trial by jury. Selecting the members of the jury is very important phase of any criminal trial. DUI cases present their unique set of unique challenges in jury selection. DUI is a highly charged issue. Almost every prospective juror will have been effected by a DUI in some way shape or form. This may range from being arrested for DUI to having lost a loved one to an accident caused by a drunk driver. It would be impossible to be able to remove everybody from the jury who has had any negative consequences from a DUI related incident. A DUI attorney must understand how to properly establish a challenge for cause in order to use his preemptive strikes against individuals who will simply lean towards the State. As a result of widespread nature of the crime, DUI cases present the chance to strike a prospective juror for cause more frequently than other cases. Having the ability to strike a juror for cause is a particularly valuable tool to use because each side gets unlimited strikes for cause while the amount of preemptive strikes is rather small.Presenting complex scientific information to a jury in a clear and understandable manner is frequently among the toughest obstacles to overcome in a DUI trial. Virtually all DUI cases are going to have some basis in science and statistics. Many people have no idea that police officers are trained to observe "clues" of impairment while an individual is driving a motor vehicle. These "clues" are statistically correlated to impairment. The roadside sobriety exercises are statistically based. The Intoxilyzer 8000 is a machine based on multiple scientific principals including, but not limited to Henry's Law and infrared spectroscopy.A DUI attorney needs to be able to spot when the State's evidence is pointing towards the usage of statistics or scientific principals. In trial, the DUI attorney must be able to effectively cross examine the witness on the correct use of the statistics or principals. However, the cross examination needs to be done in a way so as to not confuse the jury. To this end, the attorney must also know when it is useful to present expert testimony in the defense case.Michael Dye and Daniel Rosenberg are DUI Attorneys located in Fort Lauderdale, Florida. For more information please visit the following website. For Michael A. Dye, P.A., please visit Fort Lauderdale DUI Attorney. For Daniel Rosenberg, P.A., please visit Broward County DUI Attorney.