When a criminal defense lawyer screens potential jurors for biases, he
must look out for more than just teetotalers. For example, potential jurors
may have trial-compromising biases regarding
field sobriety tests. If you refused to perform a field sobriety test, some jurors might suspect
you had something to hide. This is a common but unfair assumption that
your attorney needs to scan for. And more importantly, a lawyer cannot
directly ask the potential jurors whether or not they would hold it against
you if you refused a field sobriety test.
Most people are unaware of their own prejudices and think that their own
attitudes are fair. However, an experienced attorney can ask a question
like: "Can you imagine a situation where it would be reasonable for
a sober person to decline to take a field sobriety test?" This is
a very effective question, because the hypothetical situations the potential
jurors reveal a lot about their attitudes towards authority and privacy.
The answers the potential jurors give can reveal the standard your lawyer
would have to meet to convince them that your reasons for declining to
take the field sobriety test were reasonable. They can also be presented
to the arresting officer during cross-examination. If the police officer
disagrees with the jurors, the jurors might be less inclined to believe
his testimony. If you are fighting
DUI charges, make sure you have an Orange County DUI attorney who can fight for you,
even before the trial begins.
Call The Law Office of Barney B. Gibbs today for a
free initial consultation.