Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon to advise our clients concerning the choices, of judge versus jury DUI trials.
First of all, it can and frequently does matter whether a particular DUI case is litigated before a judge only (aka, a bench trial) or a jury (allegedly of your peers in the community). It depends, of course, upon a number of factors: the specific judge, composition (race, color, gender, past experiences, ages, et al.) of the jury, factual circumstances of the case, etc.
A. In your selection process and thinking, consider the following:
- when defendants elect jury trials, there’s a tendency for the state to send a more experienced prosecutor against you than if the case were in front of a judge only (bench trial);
- the rules of evidence are technical and complicated and a judge, resenting the time and trouble caused by jury trials, may insist on a strict following of the rules – something that could be hard to do if you’re representing yourself (pro se);
- you’re dealing with a jury, 6 to 12 people (usually all drivers) who are probably unhappy to be in court and who may be impatient with a DUI or a reckless driving defendant with a tenuous claim; and
- a jury trial tends to last longer than a non-jury trial, thus raising legal costs; etc;
- just as jurors may be unsympathetic to tenuous driving charges, they also may feel victimized by the traffic court system. In other words, if you make a really convincing presentation, a jury is probably more likely than a judge to side with you,
- a jury trial may be a better choice if you face especially serious consequences from a guilty verdict—like the risk of losing your license or an astronomical increase in your insurance premiums. Because the penalties are so high, it may be better to gamble on the whims of a jury, than rely on a more hardened judge, and
- jury trials are time-consuming for you, judges, prosecutors, and the police. This means once you ask for one, the system has some incentive to settle your case without going to trial. Deals can take many forms, depending on the situation. For example, if you are charged with speeding and running a stop sign, the prosecutor might offer to drop one of the charges if you plead guilty to the other.
B. Additionally, consider the following: - the format of a jury trial is similar to a formal nonjury trial except for one huge difference: You must participate in the process of choosing a jury, and
- don’t assume that because you demand a jury trial you must be convicted by the vote of 12 unanimous jurors. In traffic cases, some states provide for eight-member, six-member or even four-member juries. And other states allow jurors to reach a verdict on a 5–1 or 10–2 vote. Check with the court clerk for your state’s rules.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
