In my opinion the most important stage of a DUI trial is voir
dire or jury selection. Think about it. These jurors are the very people
who will decide your clients fate. So it is important to pick the very
best jurors for your case. So what types of jurors do you want in a DUI
case and what types of jurors do you want to avoid.
First you want jurors that are going to be fair and impartial. What that means is they are willing to listen to the facts of the case, and not be influenced by outside factors or biases.
Perhaps jurors that have been accused of something they didn't do, or that have had bad experiences with law enforcement. Maybe they were pulled over for speeding and don't believe they committed the infraction and the cop was a jerk to them.
Additionally jurors that drink can relate to your client, especially if they feel it is okay to have a drink or two at dinner or while out and still be okay to drive. After all you want them to agree it is not illegal to drink and drive, only illegal if you're over the legal limit.
Lastly you want jurors who agree to hold the Prosecutor to their burden of proof. That understand the concept that the Defense does not have to put on any evidence. It is not the Defense burden to prove the defendant innocent, but the burden of the Prosecutor to prove the defendant guilty beyond a reasonable doubt.
So who are the types of jurors you want to avoid. Obviously you don't want any jurors that are members of MADD or any other anti DUI organizations. I think this would also include jurors that have had negative experiences with DUIs. Perhaps they were a victim of an accident, or they have a family member who is an alcoholic. Any sort of negative perception of people who drink are not good things.
You should also avoid anybody who has been charged or convicted of a DUI. Opinions on this vary, but I believe people who were convicted of a DUI feel because they were not able to get away with it, they don't want anybody else to get away with it. Likewise they are also familiar with some of the evidence, and they may place greater weight on the field sobriety tests because they think they know a little about them.
Lastly people that don't drink and people that don't drive cannot relate to the defendant and may not make the best jurors in a DUI case.
Overall there are many opinions when it comes to jury selection in a DUI case. This list is by no means exhaustive. The best thing to do is use your best judgment in the limited time you have, and try to weed out anybody who has any obvious biases or prejudices.
First you want jurors that are going to be fair and impartial. What that means is they are willing to listen to the facts of the case, and not be influenced by outside factors or biases.
Perhaps jurors that have been accused of something they didn't do, or that have had bad experiences with law enforcement. Maybe they were pulled over for speeding and don't believe they committed the infraction and the cop was a jerk to them.
Additionally jurors that drink can relate to your client, especially if they feel it is okay to have a drink or two at dinner or while out and still be okay to drive. After all you want them to agree it is not illegal to drink and drive, only illegal if you're over the legal limit.
Lastly you want jurors who agree to hold the Prosecutor to their burden of proof. That understand the concept that the Defense does not have to put on any evidence. It is not the Defense burden to prove the defendant innocent, but the burden of the Prosecutor to prove the defendant guilty beyond a reasonable doubt.
So who are the types of jurors you want to avoid. Obviously you don't want any jurors that are members of MADD or any other anti DUI organizations. I think this would also include jurors that have had negative experiences with DUIs. Perhaps they were a victim of an accident, or they have a family member who is an alcoholic. Any sort of negative perception of people who drink are not good things.
You should also avoid anybody who has been charged or convicted of a DUI. Opinions on this vary, but I believe people who were convicted of a DUI feel because they were not able to get away with it, they don't want anybody else to get away with it. Likewise they are also familiar with some of the evidence, and they may place greater weight on the field sobriety tests because they think they know a little about them.
Lastly people that don't drink and people that don't drive cannot relate to the defendant and may not make the best jurors in a DUI case.
Overall there are many opinions when it comes to jury selection in a DUI case. This list is by no means exhaustive. The best thing to do is use your best judgment in the limited time you have, and try to weed out anybody who has any obvious biases or prejudices.
Matthew Leyba is a Seattle DUI Lawyer in Washington State. He represents those accused of DUI and other serious traffic offenses. He is currently rated as a Top Seattle DUI Lawyer
by Avvo, and currently listed as a Rising Star in the area of DUI
Defense by Super Lawyers Magazine, an honor less than 2.5% of all
Attorneys receive.
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