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Sample Jury Questions Regarding Chemical Testing

Posted by Blackie Burak | Mar 25, 2019 | 0 Comments

If one of the jurors in your DUI case discloses that he or she has been convicted of DUI in the past, your Walnut Creek DUI lawyer may choose to educate the other jurors about the pitfalls of chemical testing by asking a series of questions.

To get an idea of how the exchange would unfold, consider this example:

Q:Ms. Jones, You Disclosed That You've Been Convicted Of DUI. Did You Stand Trial In That Case?
A: No.

Q:Was Chemical Testing Performed?
A: I was given a breath test.

Q:Before Pleading Guilty, Did Your Lawyer Explain Any Reasons That The Test Could Have Been Inaccurate?
A: [In most cases] No, he just told me to plead guilty.

Q:If I Could Show That The Test You Took Was Most Likely Wrong, How Would You Feel About Your Conviction?
A: I'd be upset!

Q: If There Was An Issue With The Breath Test In This Case – For Instance, If The Police Didn't Follow Proper Procedures – Is The Judge The One Who Should Do Something About It?
A: Yes, I think so.

Q:What If I Told You Only A Jury Could Do That?
A: I'd say my case should've probably gone to trial.

When your Walnut Creek DUI lawyer questions a potential jury like this, the whole jury learns that issues can arise concerning chemical tests. They also find out that it's up to them to do something about it. This is a savvy way for your Walnut Creek DUI attorney to show the jury that just because your test results have been admitted into evidence doesn't mean the judge says they are accurate.

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Don't leave your fate up to chance. If you've been charged with DUI, contact Blackie Burak at 1-866-BLCKDUI or (925) 933-4500 now.

About the Author

Blackie Burak

Attorney Blackie Burak has nearly 40 years of successful criminal defense experience. He effectively uses this experience to mount an aggressive defense against even the most complex DUI / DWI charges. His keen focus on this area is based on his cutting-edge knowledge, skills and courtroom techni...


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