It Takes Solid Evidence to Win a DUI Jury Trial In Virginia
There are three main reasons that jury trials for DUI in Virginia are very rare. The first reason is that an initial DUI verdict is always handed down by a general district court judge, without a jury (and that's only if the district attorney and defense lawyer can't settle the case behind the scenes). The second reason is that an individual is only entitled to a jury trial for DUI after he has already been pronounced guilty by a general district court judge—you can't invoke your right to a jury trial without going through this necessary step first.
The third reason speaks to the very nature of DUI violations in general. If a general district court judge has already issued a guilty verdict in your Virginia DUI case, that usually means that the state has presented stark, incontrovertible evidence—usually the results of the blood-alcohol test you were administered at police headquarters, which measures your level of intoxication. A police officer may also have testified that he witnessed you weaving down the road or otherwise behaving suspiciously before he pulled you over, and that you failed your sobriety test (counting backward from 100, walking in a straight line, etc.).
All of this gives even an experienced Virginia DUI defense attorney very little to work with. However, it's occasionally the case that a DUI arrest can be the result of mistaken identity, or a wildly malfunctioning piece of equipment. A free consultation with the Virginia DUI lawyers at Jarrell, Hicks & Waldman will let you know whether you have enough evidence to pursue a jury trial for your DUI case. Call 888-783-9701 today.