DUI Bench Trial
There are several court proceedings that must occur before the DUI trial may begin: arraignment, the preliminary hearing, and pre-trial motions. As a result, it is important to contact a skilled and knowledgeable DUI defense lawyer if you have been charged with drunk driving. There are two types of trials that a DUI defendant may face – a bench trial or a jury trial.
A DUI bench trial is a trial that is heard by a judge rather than a jury. It is called this because the judge presides at the bench. During a bench trial, the judge is responsible for determining the questions of law and making a decision regarding the contested issues in the DUI case.
The Sixth Amendment of the Constitution gives the accused the right to a quick trial heard by an impartial jury of his or her peers. A jury trial involves a group of twelve randomly selected citizens, who hear the evidence and testimony in a case and decide the legal facts that are called into question. The Sixth Amendment also protects the defendant against a compulsory bench trial.
In some case, however, the defendant may not have the right to a jury trial. For example, if a person goes to a court over a violation, rather than a crime, he or she may only have the option of a bench trial. Cases involving child custody, child support, or other civil disputes may not have the absolute right to a jury trial.
The defendant often has the ability to choose between a bench and jury trial. If the defendant requests a bench trial, he or she must make the request in writing. The court must then approve the request. In cases where the court feels a bench trial creates an unjustifiable advantage, the court may refuse the request.
What are the benefits of a bench trial? In cases where there are subtle legal facts that would be lost on the jury, it is beneficial to have a bench trial. This is also true of cases in which the defendant seeks to have the charges minimized rather than win a not guilty verdict. A bench trial is also more informal and less time-consuming than a jury trial.
At the same time, there are also drawbacks to choosing a bench trial. For example, some defendants may choose a jury trial because they feel the jury will be more compassionate than a judge. There may also be more grounds for an appeal in a jury trial than a bench trial.
Do you have questions about whether a DUI bench trial is an appropriate choice for your case? If so, contact an experienced DUI defense attorney today.
