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Mountainview DUI Lawyers

1. Rebecca Simmons: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
2. Michael Capitina: It is at trial that the prosecution must convince a jury, ( people if charged as a misdemeanor with no possible sentence to state prison) beyond a reasonable doubt, that the accused is guilty of all the elements which make up the alleged crime. The trial consists of jury selection, motions in liminae, jury instructions, and the presentation of the case to the jury. Voir dire of each prospective juror is an opportunity for the prosecutor, defense attorney and judge to question each potential juror to determine if they hold any bias that would affect their ability to give a fair judgment on the facts presented. Should a bias be found, the prospective juror would be excused for cause. Each side also has peremptory challenges which allow them to excuse a prospective juror for any reason. Outside of the jurys presence, and usually in the judges chambers, motions in liminae and proposed jury instructions, which are given to the jury at the end of the testimony and before they deliberate, are discussed between the prosecutor and the defense attorney, and then ruled on by the judge. After the jury is seated, and all in limiae and jury instructions are decided, the actual trial will start, This usually consists of an opening statement by each side during which they address the jury and explain what they believe the evidence will show. After the opening statement, the prosecution will call their first witness. This is called direct examination. After each witness testifies under direct examination, the defense may cross examine them in an attempt to discredit the direct examination. After the prosecution rests, the defense may call their own witnesses, including the defendant. The defendant does not have to testify, should he or she so choose, and the jury is not allowed to form any opinion as to why he or she did not testify. After each side has presented their respective case in chief, closing arguments begin. In closing arguments each side will try to persuade the jury as to what the evidence has actually shown. Each side will try to show how the evidence helped their case and hurt the other sides case. Following closing arguments, the judge reads the jury instructions to the jury setting the ground rules and the parameters as to how the jury may deliberate on the evidence and the elements of the crime which must be proved. Once the jury comes to a unanimous decision as to either guilt or innocence, a verdict is returned. If the verdict is innocent, charges are dismissed with prejudice. If the verdict is guilty, the defendant will need to go to a sentencing hearing. Should the jury be unable to come to a unanimous decision as to guilt or innocence the result would be the judge declaring a mistrial, more commonly known as a hung jury. In the case of a mistrial the prosecutor may re-file charges and a new trial will be initiated.