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Will My Case Be Tried Before A Judge Or A Jury?

In a jury trial for an OUI charge, all six members of the jury must unanimously find you guilty, beyond a reasonable doubt, before you can be convicted of the crime. In a trial before a judge, only the judge has to find you guilty beyond a reasonable doubt before you can be convicted. Obviously you would want to have six people have to agree on your guilt rather than just the one. You are not required to elect a trial before a judge or a jury until the moment of trial. It is strictly a defendant's choice as to how he wishes to proceed as a defendant's right to a trial by jury of his peers is constitutionally protected. Every OUI case is factually unique. There may be a number of reasons why a jury waived trial before a judge may be more beneficial to a defendant than a jury trial. Your lawyer will consult with you about all the pros and cons of both types of trial before you have to elect.

Other Massachusetts Drunk Driving Defense FAQs

Q: What Are Common Errors Made By Persons Arrested For Drunk Driving/OUI?
A: 1. Not hiring an attorney. Operating under the influence of alcohol is controlled by Massachusetts General Law Chap. 90, Sec. 24. It is one of the most complex … More
Q: What Happens When You Get To Court?
A: License Suspension As mentioned above, if you refuse the breath test after your OUI arrest, your license can be suspended for 120 days. If you submit to and fail the … More
Q: What Are Field Sobriety Tests?
A: Field Sobriety Tests (FSTs) are the roadside examinations administered by the police officer in investigating whether you were operating your vehicle under the … More
Q: When Can I Be Found Guilty?
A: In Massachusetts, the prosecutor must prove 3 elements to the charge of Operating Under the Influence of Alcohol. That you are operating a vehicle That you operated … More
Q: What Can I Do To Help Win My Case?
A: Following the advice suggested in the Not Guilty! section of this site will help you prior to being arrested for OUI. After you've been arrested, there are a number of … More
Q: Can I Get My License Back Before My OUI Case Is Resolved?
A: In almost all OUI arrests, an operator's license is suspended at the time of arrest for either a breath test reading of .08 percent BAC or above or a refusal to submit … More
Q: What Is In My Best Interest Going To Trial Or Plea Bargaining My Case?
A: As noted above, every OUI case is different. The strengths and weaknesses are unique to each case. Before you can make a decision on pleabargaining or taking a … More
Q: What Are The Penalties for an OUI?
A: For a first offense, typical penaliteis for for an OUI offense include a fine of not less than $500, nor more than $5,000, or imprisonment for up … More
Q: Operators Under 21 Years Old
A: Massachusetts General Law Chap. 90, Sec. 24 provides a detailed and intricate range of penalties for operators under 21 years old charged with and/or convicted for … More
Q: Subsequent Offenses
A: Massachusetts General Law Chap. 90, Sec. 24 establishes a 10year period for determining subsequent offenses. The 10year period encompasses the date of the … More