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Jury Trial For Dui In Wake
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Multi-State
County:
Wake
Control #:
US-000285
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Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
Article I, Section 16 of the State Constitution of California says, “A trial by jury is an inviolate right and shall be secured to all. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel."
To win a jury trial, the defense must raise reasonable doubt about the validity and/or accuracy of the test results, as well as mitigating or rebutting the observations and testimony of law enforcement officers involved in your case that lead to their conclusion your ability to drive was impaired.
At a defendant's arraignment, if they enter a "not guilty" plea, there will be several pretrial trial proceedings designed to resolve the case. If a plea bargain is not reached, then the case will proceed to trial.
The Sixth Amendment to the U.S. Constitution provides that criminal defendants have a right to a jury trial "in all criminal prosecutions." However, the Supreme Court's interpretation of this constitutional right limits the right to a jury trial only in instances where the criminal charges constitute "serious offenses.
Serious Offenses Only ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
Roughly three out of 10 Californians charged with DUI were not convicted of the crime. Because the burden is on the state to prove that someone was under the influence of a drug or alcohol, there are multiple defenses that an attorney can use to help their clients get their DUI case dismissed.
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Are you facing a DWI case in New York and wondering, "can you get a jury trial for your dui case in New York? Vast majority make a plea deal.Juries decide on facts, Judges decide on law. Incidentally in our jurisdiction, these cases are called DWI, driving while intoxicated rather than what is known in most states as a DUI. A standard drunk driving trial can be complicated and confusing for a first-time defendant. At a DUI jury trial, the prosecution might present evidence of the driver's BAC and witness testimony related to evidence of intoxication. Here are some things you can expect in your New York DUI trial: Jury Selection: A jury will be selected to hear your case. If you reach the trial phase in your DUI-DWI case, you certainly want the best possible jury for your case. Learn about the court processes for a DUI case and how a criminal defense attorney can protect your rights. The prosecution will go first, laying out the basic facts of your DUI arrest and the evidence they believe proves your guilt beyond a reasonable doubt.