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DUI Trial

Posted on:12/6/2012
A DUI trial is similar to a criminal trial. However a DUI trial is not a trial by jury. There is no jury in a DUI trial. The judge hears and decides the case.


A DUI trial is similar to a criminal trial. However a DUI trial is not a trial by jury. There is no jury in a DUI trial. The judge hears and decides the case.

 

The trial begins when the judge instructs the prosecutor to read the charges—an indictment in a felony DUI case or an information in a misdemeanor case. The defendant enters a plea of guilty or not guilty. The judge then gives the prosecution an opportunity to make an opening statement. Such a statement summarizes what facts the prosecution expects to prove and how it will prove them. The defense also has a chance to make an opening statement, although it may reserve this opportunity until later in the case.

 

The prosecutor then begins to call witnesses. Each witness called is first questioned by the prosecutor (direct examination). Then the defense lawyer may question the witness (cross-examination). This questioning can continue back and forth until both sides are finished.

 

Both sides can produce evidence in support of their case. The other lawyer can either object or not. Most objections involve the claim that the legal predicate has not been established or that the evidence was illegally obtained.

 

After hearing both lawyers, the judge will either admit or not admit the evidence. After the prosecution has called all of its witnesses, the prosecution rests. The defense lawyer then has an opportunity to make an opening statement if he or she has not already done so. The defense is not required to put on any evidence, but may do so. If it chooses to put on evidence, it calls witnesses and offers exhibits in the same manner as the prosecution did. At the conclusion of its case, the defense also rests.


  
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