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DUI Laws in Many States Violate 6th Amendment

If you’ve been charged with driving under the influence, and you’re looking forward to telling your story to a jury who you are sure will understand your side and find you innocent, you may be looking forward to something that’s not going to happen.  In many states, the right to a jury trial has all but disappeared for many DUI cases.  What’s worse is, this clearly seems like a violation of the 6th Amendment right to a jury trial in front of your peers.  However, the courts have interpreted the Constitution in their own way so as to be able to take this right away from persons charged with DUI.  Instead of facing a jury of your own peers, many who may have been in the same situation, you may end up facing a judge who was appointed by the same political cronies who think it’s acceptable to alter the Constitution to suit their own purposes.  Instead of holding that the lack of a jury trial in DUI cases violates the 6th Amendment, the courts have found that the Constitution didn’t really mean that someone has the right to a jury trial for all criminal cases.  The courts interpreted the Constitution to mean that defendants do not have a right to a jury trial in a DUI case because it’s not as serious as a murder case or a manslaughter case.  Instead of having the same rights as someone who may have committed murder or killed someone due to negligence, many DUI defendants must accept the decision of one politically-appointed judge who may have other interests.  It’s time to take a stand against this misinterpretation of the Constitution and demand that DUI defendants get the same rights as any other type of person facing criminal charges.  If you’re facing DUI charges in the state of California, contact an Orange County DUI attorney as soon as possible to preserve your rights and build the best possible defense for your case.

As a DUI defense attorney in California I am familiar with the court system and alternative sentencing to assist my clients in avoiding jail time. Anytime you have been accused of driving under the influence (DUI) in California you must take the matter seriously. As of this posting, California courts will go back ten years into your history to look for prior DUI convictions.

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