Florida DUI Lawyer Blog

As of July 1, 2008, Florida jurors will be able to pose questions to witnesses during the trial. Until now, the questioning of witnesses in a criminal trial has been strictly limited to only the prosecution and the defense. Allowing the jury to submit questions is considered one of the most controversial reforms in our jury system allowed by the Florida Supreme Court.

The questions will be submitted in writing by the jurors and the court will decide if such a question is permissible under the Florida Rules of Evidence. Based on my experience, the vast majority of questions submitted will be impermissible, challenging the court to fashion an answer that will not confuse or prejudice either side. Lawyers spend much time in the pre-litigation stages either agreeing what evidence will come in at trial or having the judge decide in suppression hearings. The questioning of witnesses is a thought-out process prepared far in advance of the trial date. Areas in which the jury may wish to make inquiry have not been overlooked or neglected by the lawyers litigating the case. It is entirely unlikely that allowing jurists to question witnesses will do anything but to further confuse individuals charged with such a great responsibility.

Florida judges have been very vocal about their fear that allowing such questions will lead to a vast amount of appeals. There is also apprehension that the questioning may throw a wrench into the attorney’s strategies.

State attorney’s offices in Florida seem to favor the new law stating that they want the jurors to learn the truth in the trial. This logic is flawed when you consider that most questions may not be raised as a matter of law. The questioning of witnesses by jurors will also further delay an already laborious process. The issues may get confused and jurors may become prejudiced. Questions as to whether or not a defendant had been in jail or arrested prior may not be allowed under the evidence code. Fashioning a reason for not being able to answer such a question by the court is going to raise some significant arguments by the prosecution and the defense. It is likely that the jurors will inquire into areas such as hearsay, prior bad acts and irrelevant matters. The way that a court explains that these types of questions are inadmissible will certainly lead to speculation on a jurors part.

Issues that need to be covered in questioning the presumptive panel will vary, depending on the specific facts of any DUI case. Preparation for this most important aspect of any DUI trial must always conform to the evidence that will be presented throughout the adjudicatory hearing. Factors that must be covered in all DUI cases however, include the following:

A presumptive jurors age and gender – statistically the best juror to sit on a DUI case is a male aged 22-26.
Ethnicity and education – white males who are college-educated are also excellent candidates to sit as a tryor of fact in a DUI case.
Attitudes towards consuming alcohol – for obvious reasons, a presumptive jurors feelings about drinking in general are paramount. Obviously, individuals with strong negative feelings about drinking should be excluded at all costs. A DUI defense attorney will always seeks to choose jurors that freely drink alcohol.
Driving history – persons who have had traffic infractions and/or accidents in recent years should be sought out as potential jurors.
Consuming alcohol and driving – jurors who understand it is not illegal to have a drink and drive an automobile easily understand that it is not a crime until such a person’s normal faculties are impaired by alcohol.

See article by William Moore entitled, It is Not Illegal to Drink and Drive.

The State’s burden – Individual’s should not be chosen to sit in judgment of a DUI defendant unless it is abundantly clear that they understand the State’s burden of proof and how it pertains to each and every element of a DUI case.

Although these are just a few areas that must be covered in jury selection, the above list, while relatively simple, must never be ignored. Choosing jurors that have an open mind and who will truly listen to the facts of the case and give this evidence the creditability that it deserves often puts the defense at an advantage at trial.

Issues that need to be covered in questioning the presumptive panel will vary, depending on the specific facts of any DUI case. Preparation for this most important aspect of any DUI trial must always conform to the evidence that will be presented throughout the adjudicatory hearing. Factors that must be covered in all DUI cases however, include the following:

A presumptive jurors age and gender – statistically the best juror to sit on a DUI case is a male aged 22-26.
Ethnicity and education – white males who are college-educated are also excellent candidates to sit as a tryor of fact in a DUI case.
Attitudes towards consuming alcohol – for obvious reasons, a presumptive jurors feelings about drinking in general are paramount. Obviously, individuals with strong negative feelings about drinking should be excluded at all costs. A DUI defense attorney will always seeks to choose jurors that freely drink alcohol.
Driving history – persons who have had traffic infractions and/or accidents in recent years should be sought out as potential jurors.
Consuming alcohol and driving – jurors who understand it is not illegal to have a drink and drive an automobile easily understand that it is not a crime until such a person’s normal faculties are impaired by alcohol.

See article by William Moore entitled, It is Not Illegal to Drink and Drive.

The State’s burden – Individual’s should not be chosen to sit in judgment of a DUI defendant unless it is abundantly clear that they understand the State’s burden of proof and how it pertains to each and every element of a DUI case.

Although these are just a few areas that must be covered in jury selection, the above list, while relatively simple, must never be ignored. Choosing jurors that have an open mind and who will truly listen to the facts of the case and give this evidence the creditability that it deserves often puts the defense at an advantage at trial.

It has been said that the best juror for a DUI case is a white male, age 22-26, who is either in college or college-educated, has been in at least one accident in the past four years and drinks alcohol recreationally. Such individuals are more likely to relate to the defendant and can emphasize with being in the defendant’s position. Jurors that can relate to a defendant in this way will more often acquit a DUI defendant by mere virtue of being able to see themselves in the same predicament. Jury selection is the first opportunity for a criminal defense attorney to make a favorable impression with the people who will ultimately be sitting in judgment of their client.

“The bad facts” of the defense in any DUI case should be made known to jurors in selection in an effort to take the wind out of the prosecutor’s sails and avoid the jury’s shock as the evidentiary portion of the trial unfolds. Most important is the defense attorney’s obligation to educate jurors as to the applicable legal concepts involved in a DUI trial.

In jury selection, open ended questions should always be asked, requiring a dialog between the presumptive juror and the defense attorney. A conversational type of questioning is certainly the best method to reveal any biases that individual jurors may have. Individual biases may always influence a juror’s decision and must be determined prior to their being allowed to sit in judgment.