Empathizing With You in Your DUI Case

Posted on July 10, 2014

One-legged Stance Test

Your Redwood City DUI lawyer can explain that the jury has the power to decide your fate in your DUI case. An important goal for your defense is to help these jurors understand the ordeal that you went through so that they can imagine themselves in your position.

Field Sobriety Tests

If you underwent field sobriety tests, your Redwood City DUI attorney may ask potential jurors if they can think of any reasons that you might not have performed well on these tests. This strategy helps the jurors put themselves in your position. Your Redwood City DUI lawyer may paint a picture of you scared and nervous after being confronted by an armed law enforcement officer. Jurors may be able to imagine how they would react in a similar situation. Even the voir dire process itself may be intimidating and may make jurors feel similarly. Jurors might be able to empathize with you in this manner and understand your poor performance level given your emotional response.

Voir Dire Strategies

Your attorney might help a jury feel empathy by addressing a specific juror. He or she may then ask the juror what his or her performance would be like if he or she had to perform a similar test in the courtroom. For example, your attorney might ask the juror if he or she would be able to stand on one leg for 30 seconds without wavering. Even if the juror responds affirmatively, your attorney can add more conditions into the question, such as whether the juror would be able to complete the task on the side of the road, at night and with police officers watching.

Another strategy that a DUI attorney might use is to ask the jurors how they would create a test that is used to determine whether a person had balance. By using this particular strategy, a DUI lawyer can start to poke holes in the testing scheme and pinpoint mistakes that are sometimes involved in these types of tests.

If you would like more information on this subject, contact Silveira Law by calling (415) 795-3890.