Reader’s Question:

After some of the pre-trial motions that my lawyer filed were denied for my DWI case here in Washington, DC, we are now proceeding to trial. Will I have a right to a jury trial for my DWI charge?

Regina

Washington, DC

Unless your DWI charge in Washington, DC is a felony case, you won’t have the right to a jury trial. During the trial phase of your DWI case, the judge will hear the evidence, make findings and of fact and law, rule on your guilt or innocence and impose sentence. It would be very important to keep in mind the old adage: “innocent until proven guilty.” The prosecution has the burden to prove guilt beyond reasonable doubt and you don’t need to prove or say anything. At the DWI court trial, the prosecution calls and questions their witnesses and you will be entitled to cross examine them.

Following the DWI case, your DWI lawyer could ask the trial judge to enter a judgment of acquittal, arguing that all reasonable inferences lead to a finding of not guilty. If this motion will be denied, your DWI case then proceeds. Defense witnesses will be called and cross examined by the prosecution. You could testify but you have not obligation to do so. The court could not draw any inferences from your election not to testify. The prosecution will be entitled to put on rebuttal witnesses, concluding the trial.

Tags: DWI, DWI lawyer, DWI trial