3.02.2010

Felony DWI Trial Going On

These cases are tough to win from a defense standpoint because the State has the right, and obligation, to prove the defendant has twice before been convicted of DWI. And even though the jury is instructed that those two prior convictions are no evidence that he was intoxicated this time, that's not the ideal position for a criminal defendant. One potential juror, who said she was against alcohol in general, said "I already feel an agitation towards this man." As I always say, I don't care how potential jurors feel so long as they tell the lawyers and the judge about it. Meaning: She's not getting on the jury.