How the Rules of Trial DUI Evidence and Lawyers' Objections Shape the Course of a Trial
It is important to understand what the trial DUI evidence and the appropriate objections has on a trial. While what the prosecutor and the DUI defense lawyer say are an important part of any drunk driving trial. To clarify, their words are not evidence. No amount of arguing or theater from a prosecutor can convict you of DUI without evidence to support it.
What is trial DUI evidence in a criminal or DUI trial
The legal term of evidence used to describe the facts of the case. Many ways for evidence presentation. This includes through testimony, through documents, and through audio or video recordings. Even through a show and tell type viewing of physical objects.
All trial DUI evidence in a trial is subject to the rules of evidence
Each trial is subject to the rules of evidence. In most DUI cases, it is the state and local rules of evidence (as opposed to the Federal Rules Of Evidence used in Federal Court) which dictate which evidence will be heard or seen by a jury, and which will be excluded from the jury's view.
Trial DUI Evidence must be relevant
As a starting point, any and all evidence introduced in a DUI trial must be relevant. Presentation of the evidence must make a fact in question more or less likely. To clarify, if evidence not presented. It also means that if a fact not relevant, it is unable to allow this evidence. For example, many DUI defendants want to argue that they have never had a DUI before. Even if to present this as a fact. It is unlikely to make it more or less likely that they committed the DUI on the night in question. Therefore, most DUI judges will exclude it from evidence.
Trial DUI Evidence must not be unduly prejudicial
Even if evidence is relevant, the prejudice of the evidence must not outweigh its value in proving the case. For example, if you had to have your stomach pumped after arrested. It is highly relevant to showing that you probably had too much to drink. Despite it's relevance, some judges will not allow such evidence. This is because hearing it may cause the jury to give it undue weight. In other words, if a jury hears that you had your stomach pumped. They are going to assume the worse to the exclusion of other evidence. The more fair evidence would be a breath or blood test. Since you could have had food poisoning independently of alcohol intoxication. It could have caused the medical need for a stomach pumping.
Objections to evidence during a DUI trial
We are all familiar with dramatic movie and TV objections. In fact, very few court dramas have fewer than three objections per trial scene. Here's what you may not know how objections used.
- Objections are necessary to "preserve the record." This means that if a lawyer fails to object, you can't complain about it later on. For example, if there is something wrong with the DUI breath test and your lawyer sits silently as admitted into evidence against you. Your DUI attorney forfeited your right to complain about the evidence to an appeals court. To clarify, in the event your convicted of a DUI.
- Objections used for theatrical purposes for many reasons. For example, to draw the jury's attention away from an issue, to interrupt the flow of an examination, to buy time, as an excuse to approach the bench on another issue. Furthermore, for many other things besides simply preserving the record for appeal. These types of objections take lawyers years to master, and are more art than science.
Objections prior to trial
Objections to anticipated evidence brought before a jury ever enters the courtroom. These are typically referred to as "motions in limine". In other words, motions to preemptively limit evidence that brought within the trial. If an objection or motion in limine is overruled, then the evidence is presented to the jury. In the case of a motion in limine, it may not be necessary for the DUI defense lawyer to object a second time to preserve the record for appeal.
It is extremely important that you select a DUI lawyer who is intimately familiar with the rules of evidence. Furthermore, experienced DUI lawyers and comfortable making and meeting objections to DUI evidence.
DUI Trial Arguments: Opening and Closing Statements - The importance of opening and closing statements during DUI trial arguments is paramount to the outcome of your criminal case. Studies show that by the time the evidence is closed, most jurors have already made up their minds.
DUI Breath Test Challenges in Court - For DUI breath test challenges and to get the results suppressed in court, the judge must determine that its results are unreliable. A faulty machine may cause bad results.
DUI Trial Opening and Closing Arguments - Understand the importance of opening and closing arguments in a DUI trial. The opening statement is the first chance a DUI lawyer has in most cases to explain