Voir dire questions dui trial

A: I could probably do okay on that one. Q: Fair enough. A: No way. Q: Why the difference? Q: So, do you agree that your ability to perform these tasks might be impacted by the conditions or the environment? A: Yes, absolutely. Smith, do you agree or disagree with Ms. Little, do you think being pulled over at night and having several cops wearing guns and giving you orders and instructions would make you nervous.

Q: Might that impact your ability to remember and perform? A: It certainly might. An effective way for your DUI lawyer to educate the jurors about the fallibility of chemical testing is to engage one juror — a person who has already disclosed to the prosecutor or the court that he or she has a prior DUI conviction — in the following exchange:.

A: No. Q: Did you take a breath or blood test in that case? A: I took a breath test. Q: So, before you plead guilty, did your attorney discuss with you any of the reasons that your test result may have been wrong? A: [Typically] No, the only thing he did really was tell me I should plead guilty.

Q: So, if I could show you today that in fact your test result was probably wrong, what would think about your conviction? When your DUI lawyer questions a prospective juror in this manner, it lets the entire jury panel know that problems with DUI breath tests and DUI blood tests can arise, and that it is up to them, and not the judge, to respond to these problems.

It also teaches the jury panel that just because the judge allows a DUI test result into evidence does not mean that the judge is vouching for the reliability of the result. One of the most difficult decisions your DUI lawyer will have to make is whether or not to put you on the stand to testify at your trial. In most DUI trials, the defendant does not testify; however, the jury selection process can help your lawyer learn how the potential jurors feel about this issue and, more importantly, give your DUI lawyer an opportunity to educate the jurors about the many reasons a defendant may choose not to testify.

Consider this line of questioning:. Q: It is said that public speaking is one of the greatest fears we share, and I can tell you that no matter how many times I do this, I still get nervous. Is there anyone here today who does not feel at least a little bit nervous? A: [No hands raised]. Smith, when the judge was asking you questions, were you feeling nervous?

A: Yes, I was. Q: Why was that do you think? Q: What if you were sitting here [pointing or gesturing to the witness stand] and she [pointing at the prosecutor] was asking you questions, do you think that might make you nervous? A: [Laughing nervously] Yes. That would make me very nervous. Q: If you were on the witness stand being cross-examined, would you be worried about anything then? Q: Is there anything else? Q: What if Jimmy here decides, based on my advice, not to take the stand; what would you think of that?

Be sure to draft all your questions the same way so that the higher numbered answers reveal jurors with attitudes that are favorable to the defense. Thus, the higher the total score, the more favorable the juror. It will not help you if good jurors get ones on some questions and sixes on others.

Bruce Kapsack originated many of the DUI defense strategies used throughout the country. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email. Create a free website or blog at WordPress. Criminal Law Blog Blog. From Innovative DUI Trial Tools by Bruce Kapsack With the increase of limited voir dire, it has become incumbent upon counsel to be prepared to ask quick, simple questions in order to pick a jury.

Share this: Twitter Facebook. This phase of the trial must take place before the court seats the jurors in your case and the attorneys begin their arguments.

During Voir dire, the attorneys on both sides of your case will question prospective jurors before selecting the members of your jury. You might benefit from representation by a skilled Milwaukee DUI lawyer or law firm who can conduct the Voir dire in your case. Your defense attorney should take care to make the right impression on the jury in your DUI case before the trial even begins. It is also critical that your lawyer avoid insulting prospective jurors or making them feel like your lawyer has invaded their privacy.

Furthermore, your lawyer should avoid asking questions in a threatening manner. A bad impression during Voir dire may have a negative impact on your verdict.