Phoenix, AZ (PRWEB) September 21, 2012
Attorney Craig Rosenstein was recently published in Attorney at Law Magazine – a legal magazine for which he is already an editor. In the article, Rollercoaster of Rights, he discusses jury trial eligibility in 2012. According to the article, the statutory right to a jury trial has been removed from some DUI cases. Until now, this right has been statutory. The past DUI statute required that judges inform defendants of their right to take their case to a jury trial. Now, Arizona standard has changed. “At the arraignment,” states the new statute, “the court shall inform the defendant that if the state alleges a prior conviction the defendant may request a trial by jury and that the request, if made, shall be granted.” Thus, individuals accused of first offense DUIs without aggravated circumstances may not have the right to a jury trial.
This includes drivers facing their first charge of driving under the influence with a blood alcohol concentration (BAC) of .149% or higher. Additionally, defendants accused of their first drugged driving offense may be excluded. The revised statue went into effect earlier this year and, since that time, not all individuals accused by the State of driving under the influence have been granted the right to a jury trial. The revision has proven somewhat surprising and is being challenged by many legal advocates. One complaint against the statute argues that the new standard allows jurors to know whether or not DUI defendants have been charged with similar crimes before. Simply by holding a trial, jurors can assume that the defendant has been accused of DUI in the past. Some defense attorneys believe that this isn’t fair.
Simply put, past charges may affect the jury’s perception of the defendant and facilitate a biased case outcome. Mr. Rosenstein is well-versed in all aspects of DUI defense. At Rosenstein Law Group, he defends clients against allegations of DUI, DUI with injury, extreme DUI, aggravated DUI and other drunk driving related charges. He is experience in drugged driving cases, too. His passion for DUI defense and the legal profession is apparent in his contribution to Attorney at Law Magazine and he will be featured in the publication again this November. To learn more about Mr. Rosenstein and Rosenstein Law Group, visit their website at http://www.Phoenix-DUILawFirm.com.