How Often Do DWI Cases Go To Trial?

Unfortunately a relatively small amount; either because defendants do not want to risk a more severe sentence upon losing, or do not want to pay the legal fees associated with the preparation and conducting of a trial. In addition, lastly, many motorists do not go to trial because the evidence against them is so strong that there is no reasonable expectation of success.

Do Most DWI Attorneys Avoid Going To Trial?

This depends on the individual attorney. Those attorneys with less trial experience especially in conducting DWI trials would of course be the most reluctant to go to trial. Obviously, a trial is not recommended under all circumstances. In fact, it is usually a last resort. The best approach is to try to obtain the best pre-trial plea offer and if you are not satisfied, you can then always decide to go to trial.

How Do You Determine Whether A DWI Case Should Be Tried Or Not?

The main criteria is the strength of the evidence against the motorist which includes whether there was a chemical test conducted, the accuracy of any field sobriety tests, whether there was an automobile accident involved and the circumstances surrounding the initial stop of you vehicle. Another criteria would be whether the district attorney can be convinced to offer a reduced charge.

That is, whether the initial DWI misdemeanor can be reduced to the traffic infraction of Driving While Ability Is Impaired. Usually if that reduction is offered, it is hard to turn down and risk going to trial and being convicted of a misdemeanor. In my experience if a motorist is offered a reduced charge, it should only be rejected if there is a reasonable chance of being found not guilty of any drinking/driving offense after trial.

Should Someone Go To Trial If They Don’t Like The Plea Offer?

The answer again depends upon the strength of the case against a motorist. After dealing with the district attorney’s office over 30 years, one develops a keen sense as to whether a plea offer is fair and reasonable or whether unreasonable. If unreasonable and there is a weakness or lack of evidence in the case against a motorist, a trial would be recommended.

What Are The Common Reasons For Which A DWI Case May Be Dismissed?

It is rare that an out and out dismissal occurs in a DWI case. However, dismissals can occur if a legal defect is found in the manner in which the police officer proceeded to conduct his DWI investigation. For example, if the initial stop or confrontation with a motorist was illegal, if there was some defect in the conducting of a chemical test which would exclude it as evidence, if a police officer did not conduct a sufficient enough investigation on the scene to make an arrest, and rarely but most importantly, if in fact the issue in a DWI case is one of operation of the motor vehicle. That is, if a motorist was not actually driving the vehicle, it might result in a dismissal.

Do Most Clients Understand What Is Involved In A DWI Trial?

Most clients have a fairly good understanding either from watching television or reading novels as to what an actual trial consists of.

What Actually Happens During A DWI Trial?

The answer to this depends upon whether a motorist requests a judge or jury trial. In New York, the choice is the motorists. If a jury trial, the trial starts off by choosing or picking a jury. Then opening statements are conducted in which the prosecutor outlines what he or she feels the evidence will show and the defense lawyer likewise sets forth what the evidence on behalf of a motorist will show. Because the prosecutor has the burden of proof, he/she presents evidence first which usually consists of one or two police officers including the one who made the initial stop and arrest as well as the breath test operator and an expert on the accuracy of the breath test machine.

After the prosecutor completes his case, the trial turns to the defense attorney to present his evidence. That evidence could consist of witnesses who a motorist was with prior to the stop, witnesses who he was with at the time of the stop, and expert witness on behalf of the defendant who will testify as to the inaccuracy of the breath test machine and/or defects in the manner in which the test was actually conducted. Once all evidence has been submitted, the trial next turns to summation with the motorist’s attorney going first and the prosecutor second. Thereafter the judge will instruct the jury on the law to apply and the jury will retire for deliberations.

Depending upon the complications of the case and availability of witnesses usually a DWI case in local court can take two to three days.

For more information on DWI Trials In New York, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.