Sunday, April 26, 2009

In a bifurcated California DUI trial, the California DUI jury would first decide whether the defendant was guilty of California DUI on the date in Q.

California DUI attorneys are always looking for ways to make sure a California jury does not hear prejudicial testimony about a defendant's prior DUI.

One way of dealing with this California DUI problem - one that
DUI lawyer Rick Mueller
recommends to judges - is to bifurcate the California DUI jury trial.

In a bifurcated California DUI trial, the California DUI jury would first decide whether the defendant was guilty of California DUI on the date specified in the indictment; if the jury found the defendant guilty, the same jury would then decide the issue of the defendant's prior California DUI convictions.

This California DUI solution would preserve both parties' right to a jury determination of all issues, while at the same time avoiding the potential for unfair prejudice that would otherwise be posed by evidence of the defendant's prior California DUI convictions. Moreover, this California DUI solution works equally well regardless of whether the defendant is willing to stipulate to the California DUI prior convictions or wishes to contest the prior(s).