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DUI Trial

DUI Trials in Illinois

Chicago DUI Defense Lawyer

When a person is charged with a DUI and does not enter a "guilty" or "no contest" plea (which is treated as a guilty plea) their case will normally proceed to trial. The prosecution may make pre-trial offers of a reduced charge or plea bargain to avoid the case going to court. In many cases, if you have an experienced and aggressive defense attorney, they will probably recommend going to trial in order to get your charges dismissed or a jury verdict of "not guilty".

What Happens at a DUI Trial?

A normal DUI trial begins with a basic discussion on who will be testifying and what they will be allowed to introduce as evidence. This is followed by the jury selection along with alternates with both sides given the opportunity to question the prospective jurors and challenge any they do not want.

Once the jury is selected the trial begins with:

  • Opening statements by both sides, starting with the prosecution.
  • The prosecution's case, introduction of evidence and testimony by the arresting officer and any other expert witnesses. The defense may cross-examine witnesses and challenge the evidence.
  • The defense can now make motions to dismiss the case, especially if the prosecution's evidence is not sufficient.
  • If not dismissed by the judge, the defense now presents it case by calling its witnesses and additional evidence.
  • After closing arguments, the jury is given instructions by the judge and is sent to deliberate.
  • The verdict is reached and read to the court.

If a not guilty verdict is reached the case is closed. If the verdict is guilty, your lawyer can make additional motions. The judge may issue a sentence immediately or at a later time. It is possible to appeal the sentence.

Get Help from The Toney Law Firm, LLC

If you have been arrested for DUI you should speak to a Chicago DUI attorney at The Toney Law Firm, LLC immediately for more information and to protect your rights. A DUI trial follows the rules of any other criminal trial. Your attorney will explain the procedure and what you can expect. Ms. Toney has been named a Super Lawyers Rising Star in both 2009 and 2010 and her expertise and dedication will be on your side.


Contact a Chicago DUI Lawyer with trial experience and a successful track record of defending DUI cases in court.


 

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