There are two different types of DUI trials in New York City. First, there is the jury trial. We have all seen this on television where a case is presented to a jury and they decide guilt or innocence. The DUI trial can either be with six jurors in the case of a misdemeanor and twelve jurors in the case of a felony DUI.
The other type of DUI trial in New York City is a bench trial. This is when a judge acts as jury and judge and he decides guilt or innocence.
So which trial will you face if you decide to fight your case. In our experience, if you have blown over .08 in the breathalyzer you will face a jury trial. However, if you have refused a breathalyzer or if you blew under .08 you will face a bench trial. Prosecutors in New York City are not likely to go to a jury trial without a high breathalyzer reading.
Each type of trial requires special considerations. In a bench trial, you must really know your judge. Some judges have a very strict view of DUI cases and are more likely to convict. Other judges are less strict. You must know your judge. In a jury trial, you should retain a lawyer that has experience with diverse Judges in each county.
If you are facing a DUI trial in New York City, contact The Law Offices of Michael S. Discioarro, LLC call 917-519-8417. and let us put our experience to work for you.
