The Sympathy of the Jury

The Sympathy of the Jury

Your Orange County DUI lawyer knows that jury selection (or voir dire) is an important determiner of the outcome of a case. You should be aware of some examples of typical juror reactions. Consider these situations at trial:

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Uncooperative Suspect, or Confused Driver?

If the defendant was not cooperative, for example refusing a blood alcohol test, one angle that the defense may use is that the person may have been confused. Some jurors will be more emotional or accepting of this idea. They might be able to picture themselves being intimidated by the experience of a police stop and its flurry of activity. Someone with fewer life experiences and less education might be more likely to take the driver’s view. On the other hand, military personnel, law-enforcement family members, or someone with low patience or tolerance might not be a good juror for the defendant in this case.

Differences in Alcohol Absorption

One defense strategy in DUI cases is the “rising blood alcohol” argument. The idea here is that a chemical test given some time after the traffic stop or accident might not reflect the driver’s alcohol level at the time of the incident. This is because alcohol takes time to be absorbed into the bloodstream. A test using a breathalyzer will show a higher reading than the actual blood alcohol level during portions of the pre-absorption phase. Here again, some jurors will be more receptive to this defense. For example, someone who has a cold might be able to identify with the problem since that is one of many factors that impact alcohol absorption in the body.

Physical Field Sobriety Tests

Perhaps the defendant performed poorly on a standardized physical field sobriety test like the walk-and-turn, and/or any other measures. Jurors who are older and less fit know that they might also perform poorly on such an exercise. The same is true of those with back or knee problems. These potential jurors might sympathize with poor performance.

Jury selection is just one factor in advancing a successful case. Court venue selection details also play a role, so you want an Orange County DUI lawyer that knows the local courts. the Law Office of Mike Coffey Attorney at Law& the Law Office of Mike Coffey Attorney at Lawdeals exclusively with Orange County DUI cases, giving you an edge. If you have been arrested for a DUI in Orange County call them today at (800) 706-7888 for a free consultation.