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How Often Do DUI Cases End Up Going To Trial?


Whether or not a case will go to trial will depend on the details and circumstances of that particular case. We have been trying DUI cases for decades, and each case is unique. If we’re able to reach a good resolution, then there may not be a need to go to trial. Since we have a strong reputation of being successful at trial, the prosecution is often willing to cut a deal. If we show the prosecution that we’re serious about taking the case to trial, then they may decide to back down. However, if the prosecution refuses to back down, then we will absolutely need to take the case to trial.

That is often the case with an overzealous prosecutor who wants substantial punishment for the defendant. We also see this when dealing with defendants who have been charged with DUI and whose professional state licenses are in jeopardy as a result. When a person who holds a professional state license receives a DUI conviction, the state licensing agencies will receive notification of the conviction. As a result, people’s licenses and malpractice insurance could be impacted. In fact, many malpractice carriers inquire about alcohol-related convictions in particular.

Do You Get The Sense That A Lot Of DUI Attorneys Try To Avoid Taking DUI Cases To Trial?

Many attorneys try to avoid taking DUI cases to trial. This is something that I have noticed for the past three decades. However, a good DUI lawyer would not try to avoid a trial. We become good DUI lawyers by fighting and winning all different kinds of cases year after year, including first, second and third, felonies, refusals, and those that involve a combination of drugs and alcohol.

Do Most People Have Misconceptions As To What A DUI Trial Actually Consists Of?

Most of our clients who were arrested for DUI had never before been arrested, so they don’t really know how the system works. Specifically, they usually don’t know that a DUI charge could lead to a trial before a 12-person jury. Furthermore, they don’t understand the amount of time, attention and investigation that goes into trying a DUI case. The overwhelming majority of DUI trials are jury trials. We always inform our clients of the jury process and explain that although it is cumbersome, it can ultimately produce substantial and positive results.

Is It Common For Police Officers Not To Show Up For A DUI Trial?

There are a number of reasons that a police officer may not show up for trial. For example, an officer could have retired, transferred locations or sustained an injury. If a police officer fails to show up for a DUI trial, the charge could be dismissed. DUI cases are taken very seriously and police officers are often subpoenaed by the prosecution. Another reason that an officer may not show up for trial is if they were not subpoenaed properly by the prosecution.

For more information on DUI Cases Going To Trial In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.

Top Gun DUI Defense Attorney Myles L. Berman

Get your questions answered - Call now for a FREE case evaluation (888) 486-7486.

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