How to Handle Your First DUI: The DUI Trial Experience – by South Florida DUI Lawyer David Tarras

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    How to Handle Your First DUI: The DUI Trial Experience – by South Florida DUI Lawyer David Tarras

    Teaching Attorneys How to Handle Their First DUI Case: The DUI Trial Experience

    Theory of Defense in South Florida DUI Trials

    Your theory of defense is the underlying theme that forms the foundation of the DUI trial. It guides all of your strategy decisions from motion practice through closing argument.

    • Simplifies complex issues of DUI law for the jury
    • Narrows the jury’s focus on pro-defense points
    • Expands the possibilities for arguing reasonable doubt

    Tips for Optimizing a Theory of Defense in South Florida DUI Trials

    1. Refine the statement until it is one sentence long (or a maximum of two sentences)
    2. Practice the theme with colleagues, friends, and family
    3. Repeat the theme throughout your trial so that it is at the front of jurors’ minds as they deliberate

    Motions in Limine in South Florida DUI Trials

    It is said that the best defense is a good offense. Therefore, a Motion in Limine in a DUI trial is useful as it sets the ground rules for the trial in your favor, limits the State’s case, and suppresses harmful evidence as much as possible.

    • Motions in Limine should be filed to prevent the introduction of any improper evidence
    • Motions in Limine should not be generic nor simply repeat the basic evidence code and rules of procedure
    • Motions in Limine should be filed in a timely fashion in order to establish credibility with the judge and to attack the state’s case before the trial even begins

    Jury Selection in South Florida DUI Trials

    The process of selecting a jury for a DUI trial is one of the most important parts of the trial but it is also one of the most unpredictable parts. This is the first time jurors will be hearing from you and it is your first opportunity to begin planting the seeds of your theory of defense.

    Steps to Prepare for Jury Selection in South Florida DUI Trials

    1. Determine a profile for your target juror based on your theory of defense
    2. Determine who you do not want on the jury with appropriate reasoning
    3. Prepare your questions and use them strategically in order to minimize any wasted time
    4. Evaluate how you can create a tone that is both endearing and trustworthy to the prospective juror

    Cross-Examination in South Florida DUI Trials

    Cross-examinations are one of the strongest keys to winning a DUI trial. This process requires extensive preparation. In-depth preparation for a cross-examination can increase the amount of control you have and boost your confidence in the situation.

    Fundamentals of Cross-Examinations for DUI Trials

    • All questions should be prepared to ensure a certain answer
    • All questions should be asked purposefully with a goal in mind
    • All answers should be geared towards progressing your theory of defense

    Judgment of Acquittal (JOA) in South Florida DUI Trials

    The purpose of a “motion for judgment of acquittal” is to challenge the sufficiency of the evidence in the trial.

    When a JOA can be raised in a DUI Trial

    1. At the close of the state’s evidence
    2. At the close of all evidence
    3. After the trial within 10 days of the verdict being entered

    The Closing Argument in South Florida DUI Trials

    A closing argument is the grand finale of a trial. This final and climactic moment should be prepared for well in advance and it should be the culmination of months of preparation and litigation. The closing argument should tie together all of the elements of the case and tie them neatly together to point to your fundamental theory of defense for the trial.

    Tips for Closing Arguments in South Florida DUI Trials

    • Never read the closing argument directly from a piece of paper
    • Be eloquent and confident but do not be so animated that it distracts jurors
    • Look each and everyone juror in the eyes and let them see your passion for your client’s innocence

    Click the image below to see the rest of our lecture series:

    David Tarras of the Rossen Law Firm explains all the tips and tricks for a DUI trial

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    How to Handle Your First DUI: The DUI Trial Experience – by South Florida DUI Lawyer David Tarras
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      kevin tabronkevin tabron
      00:07 08 Sep 22
      In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
      Jason HigleyJason Higley
      15:24 26 Aug 22
      I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
      Felix I HFelix I H
      13:27 28 Jul 22
      Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
      Terry ChristopherTerry Christopher
      12:32 09 May 22
      I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
      Ketiana ProvinceKetiana Province
      20:27 23 Mar 22
      My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
      Types Of Cases We Handle

      Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

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