As a DUI attorney you get to hear a lot of stories from people about how they got into trouble. Some are more interesting than others. Some are stranger than fiction. Some are just outright unlucky. But, no matter how the story begins or ends, you driving the car must be involved somewhere. If it isn't there can't be any DUI charge.
But that doesn't stop the prosecutor from trying to put you in jail.
Let's take an example I recently heard from someone. There was this guy, he was celebrating a very special occasion. And he was getting tanked. At some point during the night, he realized he didn't need to be driving home and gave his keys to someone to hold. And then he continued to party.
The next thing he clearly remembers is waking up on the side of the road with his car in the ditch. He is in the passenger side. And the passenger side of the car is wrecked. He isn't 100% sure of who was driving, but he knows it was a girl, and he knows she is running away from the accident.
Cops show up, he says he wasn't driving, and they arrest him for DUI. Now he's looking for a DUI lawyer to help him out (he had a public defender but wasn't too pleased with her).
The difficult part of this case is going to be getting the prosecutor and/or jury to believe that someone else was driving the vehicle. The good news is there is an independent witness that saw someone running from the scene of the accident.
If you find yourself in trouble like this, don't wait to talk to a DUI defense lawyer. Demand to talk to someone right away. It can make a huge difference in your case.
5.19.2010
5.09.2010
DUI Attorney | Voir Dire Techniques
If you ever need a DUI attorney, you need to find one with some trial experience. And the reason is simple - there is the possibility that your case could go to trial. Sometimes the state just won't give you an acceptable offer, and the only choice you have is to go to trial.
Ask any DUI attorney, and they'll tell you the most important aspect of trial is usually the voir dire. It is important for two critical reasons: first, you are picking the people that will decide your fate; and second, you have the opportunity, if you are smart, to get the jurors to provide information that will be critical to winning your case. What do I mean by that? Keep on reading.
The voir dire technique that I use isn't like your typical jury questioning. My goal, as a DUI lawyer, is to get the jury talking. Talking about their past experiences, talking about their biases, and talking about the things that are important to them. See, I'm not going to be able to change their beliefs in 20 minutes. They've been formed over the course of many years. So, I might as well find out what their beliefs are and get rid of the bad ones.
What I do to get people talking is ask them questions about their life experiences. Things like: have you ever seen someone drink alcohol and drive safely?; tell me about your experiences with DUI; and tell me about and time in your life you've been wrongly accused of something. These elicit stories from people that expose their true feelings about my case. And give me the information I need to keep bad people off of my jury.
But, you may be thinking, if a juror tells a horrific experience about a DUI crash? That's okay. It will probably allow me to get them off of the jury, and it's not going to affect the other jurors as much as you might think. Remember, we can't change their mind, and neither can any of the other jurors. They'll feel sympathy for the juror, and that's it.
Talk to your DUI attorney and find out what they do to make sure they get the best jurors possible for your case. It can mean the difference between a one word verdict and a two word verdict.
Ask any DUI attorney, and they'll tell you the most important aspect of trial is usually the voir dire. It is important for two critical reasons: first, you are picking the people that will decide your fate; and second, you have the opportunity, if you are smart, to get the jurors to provide information that will be critical to winning your case. What do I mean by that? Keep on reading.
The voir dire technique that I use isn't like your typical jury questioning. My goal, as a DUI lawyer, is to get the jury talking. Talking about their past experiences, talking about their biases, and talking about the things that are important to them. See, I'm not going to be able to change their beliefs in 20 minutes. They've been formed over the course of many years. So, I might as well find out what their beliefs are and get rid of the bad ones.
What I do to get people talking is ask them questions about their life experiences. Things like: have you ever seen someone drink alcohol and drive safely?; tell me about your experiences with DUI; and tell me about and time in your life you've been wrongly accused of something. These elicit stories from people that expose their true feelings about my case. And give me the information I need to keep bad people off of my jury.
But, you may be thinking, if a juror tells a horrific experience about a DUI crash? That's okay. It will probably allow me to get them off of the jury, and it's not going to affect the other jurors as much as you might think. Remember, we can't change their mind, and neither can any of the other jurors. They'll feel sympathy for the juror, and that's it.
Talk to your DUI attorney and find out what they do to make sure they get the best jurors possible for your case. It can mean the difference between a one word verdict and a two word verdict.
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