Are Jury Trials Better Than Bench Trials In Los Angeles DUI Cases?

Transcript:
Attorney Myles Berman explains that almost all DUI trials are jury trials but occasionally they are bench trials. In order for a DUI trial to be a bench trial, both the prosecution and the defense would have to have to elect the case be tried before a judge rather than a jury. There are a number of reasons that this might happen. If the prosecution has a weak case but is reluctant to dismiss it then both sides might agree to have the judge do a stipulated court trial based on the evidence. As a result, there may be an agreement to find the client not guilty on a particular count and add an amended charge. This would help the defendant in a couple of ways. Any DMV license suspension could be set aside if a person is found not guilty of driving with a blood alcohol content of 0.08 or greater.

Alternatively, the person might not be convicted of DUI if the state has not established, by way of the evidence the prima facie case, then sometimes we’ll ask the court to enter a directed verdict at the end of the state’s case which is tantamount to a finding of not guilty. This may happen if the state fails to prove their case beyond a reasonable doubt and this would be a scenario in which the case would never go to a jury. Sometimes, the state’s cases fall apart during the course of a trial. In these scenarios, the defense could enter into an agreement to resolve the case before the jury’s verdict is even delivered. Contact Top Gun DUI Defense attorney Myles L. Berman serving clients throughout California and he will represent you with the care and attention you expect.