A special twist in DUI trials


Hi ladies and gentlemen Jef Goldtrap here from Nashville and the law office of Jef Goldtrap. Here is another gift of knowledge because knowledge is power. I want to talk to you today about DUI and a special little twist to DUI. Everyone has the right to a jury trial. Even in a DUI you can have a jury trial. An important question in your jury trial is whether you took a breath or blood test. If you're arrested for DUI first you'll be asked to take a blood or breath test. If you say, no, I refuse the test then that's fine. You refuse to test. Now the state does not have a blood or breath sample to use against you. There’s a little twist. A jury does not decide whether you violated the implied consent law. Only the judge makes this call. The judge will give “jury instructions.” "Insructions" tell the jury what they can and cannot do. The jury will be instructed, or told, that they can “infer” that you would not have liked the results if you took the test. They can infer a negative thing towards you if you didn't take the test. What does infer mean? Infer is like saying, if it walks like a duck and talks like a duck I can infer that this is a duck. I can make an educated guess. So the jury is not finding you guilty of violating the implied consent law. They cannot use the fact that you did not take the test to say that you must be guilty of Driving Under the Influence, DUI. No. The jury can infer something from it. Should you or should you not take the test? That is going to be up to you. It’s still a difficult decision. Sometimes you have to make that decision in the middle of the night on the side of a busy street. If you don't take the test a jury will be told they can infer negative things towards you. This can be important. This is a little DUI twist that you should know. That’s a little bit of knowledge for you because knowledge is power. Go out and make this a great day.


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