When negotiations fail in a DWI case, it is time for trial. The first question is, should you go to trial? This can only be answered by reviewing all of the evidence that the prosecutor has. If the case involved an accident, and the defendant appears intoxicated on tape, then going to trial is probably not a good idea for several reasons. First, winning the case will be difficult. Next, if the defendant is found guilty, jail time may be a real possibility.
In cases where there is a breathalyzer test result, it may be th ebest course of action to retain the services of an expert witness that can explaint to the jury that the brethalyzer results are not reliable. This can be time consuming and expensive and should only be done after a full review of the breathalyzer records. Another issue that arises at trial is whether the defendant should testify. Lawyers in all fields have particular opinions about this issue and all of them are valid. Many jurys want to hear from the defendant and believe he is hiding something if he does not talk to them. This is a real issue that must be dealt with. Usually there are not many problems with putting a defendant on the stand if this is the defendant's first DWI arrest. The facts of the case will dictate this decision.
As you can see many issues will arise during the trial process. If you have a DWI case pending for trial in Queens, contact The Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and let us put our trial experience to work for you.
