The government has a constitutional right to take someone to court. The easiest and most common reason for West Palm Beach DUI trials is if the government is interested in proving that the accused is guilty beyond a reasonable doubt. The other reason a person might go to trial is if the case cannot be resolved with a settlement. If you are interested in learning more about how the charges against you may be handled, speak with a distinguished drunk driving attorney who can help you review the facts of your case.

Where Are Cases Heard?

Generally, West Palm Beach DUI cases are initially heard at the Gun Club Courthouse located next to the Palm Beach County Sheriff’s office in West Palm Beach. Most DUI initial hearings or arraignments are held at that Courthouse. They will be initially heard at that Courthouse. Most cases, especially if the person hires an experienced DUI lawyer, will be moved from that Courthouse to the main Courthouse downtown West Palm Beach where a lawyer can begin to challenge the facts and circumstances surrounding the person’s arrest and also the charge itself and try to get it reduced or even dismissed, unless a person pleads guilty at an initial hearing.

Why Prosecutors Pursue West Palm Beach DUI Trials

The government’s prosecutors may feel they have nothing to lose by going to trial or they feel that they will be doing better by going to trial. This is for people who feel that they are not guilty or people who feel that the evidence is insufficient to prove their guilt. Then there are other people who feel that they have nothing to lose by going to trial. They are fighting for something, either fighting for their liberty, their livelihood or their driver’s license or all three and that it is worth the risk for them to go to trial because of those factors.

Reasons for the Prosecution’s Vigilance

The government in West Palm Beach often prosecutes these cases fully unless they think they are going to lose because they do not want to appear to be taking a loose stance on prosecution drunk driving offenses. The vigilant prosecution of West Palm Beach DUIs is important because of the government’s conviction rate, but it also is a matter of responsibility. If the prosecution were to be lenient in these cases and let someone go and that person later committed a second subsequent offense where someone else was hurt or their property was damaged, politically, it would come back to the prosecutor’s office.  Politically, they are looking to make the case look as if they did everything they could to get the best possible result for the people of the State of Florida in West Palm Beach. They will prosecute vigorously with that in mind.

Elements the Prosecution Must Prove

During a West Palm Beach DUIs trial, a prosecutor must prove several things. A prosecutor must prove that there was a reason for law enforcement to have contact with the person in the first place and that, based on that contact, there was evidence to suspect that the person might be guilty of a DUI. Then, that gives the officers a reason to stop and arrest the person.

Once the case gets to court, the prosecutor must prove that the person was driving or in actual physical control of a motor vehicle to the extent that either the person’s normal faculties were impaired while they were driving or that the person had an unlawful blood alcohol level at the time that they were driving.

Normal faculties in Florida are defined as the ability to walk, talk, judge distances, drive a motor vehicle, and make everyday ordinary decisions that the person has to make in their life, in order to avoid harming anyone or damaging property. Impairment means that those normal faculties were weakened or lessened by the person’s consumption of either alcohol or a controlled substance such as an illegal substance or a prescribed narcotic. Having an unlawful blood alcohol level means that the person had a blood alcohol level of 0.08 or higher. That level will typically be determined by a breath test, sometimes a blood test, or that the person was under the influence of illegal controlled substances. That would be determined by a urine test and toxicology report.

Jury Trials vs Bench Trials

Some attorneys do not believe in bench(judge) trials, and may instead recommend a jury trial. If the person is challenging their DUI case it might be better to go with a jury trial because a jury would consist of six carefully selected people and a bench trial would consist of just one judge deciding guilt or innocence.

In order for the Government to win or the State to win, they must prove the person’s guilt to six people who have been selected to serve on the jury. They must prove the person’s guilt to six people beyond and to the exclusion of any reasonable doubt. They have to get six people to unanimously agree that the person is guilty beyond a reasonable doubt. If one juror does not believe that the person is guilty then and holds doubt on that, the person is going to be found not guilty and win their case. Whereas in a bench trial, one person gets to make the decision. Generally, a person’s odds are better when they are  relying on a jury.

How Are Cases Resolved Before Trial?

Cases can be resolved before West Palm Beach DUI trials begin. The most common way to resolve a case is through negotiation. Negotiations normally occur throughout the entire length of a drunk driving case. Cases are resolved either by negotiation and the other way that it could be resolved is through litigation.

An attorney may be able to get the evidence thrown out, in particular, West Palm Beach DUI trials. A common reason to throw out evidence in court includes a violation of rights due to the actions of law enforcement. Successfully throwing out the prosecution’s evidence can help increase the probability of getting a case thrown out or charges reduced.

Importance of Closing Statements in A Drunk Driving Case

Closing statements are meant to help persuade the jury to find someone as not guilty in relation to the charges against them. Closing statements is the part of West Palm Beach DUI trials where attorneys on both sides get a chance to make their closing arguments. Typically, the prosecution goes first because they are the moving party and express their main points towards their opinion of guilt. Following the prosecution, the defense attorney begin their argument of the evidence and how their interpretation of the facts could prove innocence.

Duration of a DUI Trial

West Palm Beach DUI trials typically take between one and three days, depending upon the nature and circumstances of the case. The duration can depend on the type of evidence that is being presented, how complicated the case is and how many witnesses are expected to take the stand. If you are interested in learning more about your trial’s expected process, contact an attorney experienced in DUI charges.

Palm Beach  Gardens
Wellington
west palm beach location
Delray Beach
Plantation location
Baca beach location
Palm Beach  Gardens
Wellington
west palm beach location
Delray Beach
Plantation location
Baca beach location