This is the last in a three-part series discussing the characteristics your Pierce County DUI lawyer will look for in an “ideal” juror based on your DUI defense case theme. In this final installment, we discuss the unique challenges raised by drug cases. Since there is no objective standard for determining whether a person is driving under the influence of a drug, a DUI drug case depends largely on the attitudes and viewpoints of the arresting officers and the jurors, rather than on any scientific testing of the driver’s blood levels.
If your case involves illegal drugs, your DUI lawyer will have to address that issue when picking the jury, and emphasize to the jurors that the illegality of the drugs is irrelevant. To clarify this issue, an experienced Pierce County DUI lawyer may question possible jurors as follows:
Q: Ms. Jones, you’ve heard that Mr. Defendant was arrested for driving under the influence of marijuana?
Q: Do you understand that Mr. Defendant’s use of marijuana is not relevant to this case?
Q: If you learned that Mr. Defendant smoked marijuana, but that his driving was flawless, would you have a problem acquitting him?
Q: So Mr. Defendant’s use of marijuana, an illegal drug, will not affect your ability to decide this case?
Q: Are you aware that the prosecution chose to charge Mr. Defendant with DUI, but not with possessing illegal drugs?
Q: Do you understand that the prosecution’s reasons for charging Mr. Defendant only with DUI are not at issue here?
Q: Are you comfortable with that?
Your Pierce County DUI lawyer will want jurors who will not mindlessly believe the arresting officer’s testimony. You want jurors who are individualists, who question authority, and who form their own inferences based on their own assessment of the evidence.
If you have questions about a drug-related DUI charge, and you would like to speak with an experienced Pierce County DUI lawyer, please contact me.