After the horrible experience of being arrested for DUI in Orange County, you face a series of court appearances in the subsequent court proceedings. If, after the arraignment, possible a suppression motion, and a series of pretrial conferences at the Harbor Justice Center, West Justice Center, Central Justice Center or the North Justice Center, your Orange County DUI Lawyer does not get a satisfactory offer from the DISTRICT ATTORNEY, you may want to take your DUI case to trial. After all, you have a constitutionally guaranteed right to a trial by jury. If you are found not guilty, you will avoid any time in the Orange County jail and will also avoid any license suspension. Moreover, the DA may very well offer you a wet reckless on the day of trial.
Once you get to trial and you pick a jury (see previous blog for jury selection process), your Orange County DUI Attorney will have a chance to make an “opening statement” to the jury. The opening statement is your DUI Attorney’s chance to tell the jury the “story” of what happened. Technically, it is an opportunity for both sides to tell the jury just what they will prove to the jury through the evidence. In most cases, the best way to maintain the jury’s attention is to do it in story form. For example, an abbreviated version might sound something like this: On January 1st of this year, my client, Mr. Smith, was out celebrating the new year with some friends. During the course of the evening, from about 10:30 to midnight, he drank approximately two pints of beer. Mr. Smith then drove home on the 405 freeway when his cell phone rang. Unfortunately, his phone had fallen on the floorboard of the passenger side of his car.
When he leaned over to answer it, his car drifted slightly to the right, crossing into the adjacent lane. At this point, Officer Jones of the CALIFORNIA HIGHWAYPATROL happened to be right behind my client. He conducted a traffic stop and had Mr. Smith perform field sobriety tests, which Mr. Smith performed well, given his injured hip. Mr. Smith was arrested for DUI and given the choice of a blood test or breath test. He chose the blood test, which wasn’t administered until nearly an hour after Mr. Smith had been driving. Although the blood test showed that Mr. Smith had a 0.08% of alcohol in his blood an hour AFTER driving, the evidence will show that his blood alcohol level was below a 0.08% at the time he was driving.
The opening statement can be an important factor in winning a DUI trial and your DUI Attorneys in Orange County will work hard to craft the story to appeal to jurors. Your DUI LAWYER has the option of giving the opening statement right after the DA gives theirs OR your lawyer can wait until after the DA puts on their case. In most cases, the law of primacy and recency dictates that the opening statement in a DUI trial should be given sooner rather than later.
If you face charges for DUI, DUI drugs, or DUI with injury in the Orange County courts, call The Law Offices of EJ Stopyro today for a free and confidential telephonic consultation. You’ll speak to an experienced DUI Lawyer and learn what your options are. Call (949) 559-5500 or visit us online at www.EJEsquire.com. We have office locations at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
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