To win a DUI trial in Illinois you have to understand the basics of trial law. Specifically, who has the burden of proof. You are innocent of the DUI charge at all times until a Judge says otherwise. This means the State has the burden (requirement) to prove to the court that you are guilty.
As a result, the state has the burden to prove you guilty, when the trial starts, they go first. They have to present enough evidence to the court for the judge to require the defendant to have to respond. If the state’s evidence is weak. A judge will not even require the defendant to present their side of the story and will dismiss the case. After each witness the State calls to testify, your attorney will have the opportunity to cross examine the witness.
At trial, the State presents its evidence first. They call the police officer who arrested you. Any additional officer’s present at the arrest or during the roadside test might also be called. The State might also call a witness regarding the breath, blood or urine result. After they present their witnesses, I will cross examine each witness. Cross examination is where I ask the State’s witnesses questions. Afterwards, the State can ask follow-up questions, but the scope of the questions are narrowed to what I asked.
In most DUI trials, I do not have my client testify. It is the State’s job to prove you guilty, it is not our job to prove you innocent. I win the DUI trial by showing that the State simply does not have enough evidence to prove my client guilty beyond a reasonable doubt.
However, when I represent someone in an Illinois DUI trial, I only have to establish that my client is not guilty. I don’t have to prove that they are innocent. For example, my client may have been drinking but he was still safe to drive.
Review your case with Attorney Young today: www.winwithyoung.com
