Obstacles in DUI Trials
Posted in: DUI / DWI |August 12, 2011 , |
A qualified New Jersey DWI attorney will know that there is at least one inherent bias against those facing DWI charges at a trial: the proceedings are generally prosecution-oriented in that the state gets to decide in many ways exactly how the case is to go.
Another big bias is that the vast majority of the jurors will automatically lack sympathy or affinity for the defendant. This is partially because drunk driving is a very unpopular and stigmatized crime and partially because most DWI defendants are not particularly charismatic or likable individuals. As such, the New Jersey DWI lawyer in charge of the case has a rather challenging role. The defense is tasked with overcoming the unhappy truth that a defendant who is merely charged with a crime as hated as drunk driving is already viewed as guilty of some kind of wrongdoing in the minds of the jurors, if not guilty of the crime.
There are further obstacles in mounting a potentially successful defense against DWI charges. As with juror attitudes towards the defendant, two of these are related to jury perception. The first is the law enforcement factor. Most citizens on a jury will view police officers as far more respectable, sympathetic, and credible than the defendant or any witnesses for the defense, if there are any. The second is chemical evidence. Any breathalyzer or blood test results will be seen by the jury as close to or actually infallible; it is difficult to convince the average jury members that those might be questionable.
Facing DWI charges is not something that ought to be done without the help of an experienced New Jersey DWI attorney. Contact Dan Matrafajlo for the legal help that you need to fight your DWI charges.