Home > Research Legal Advice > Criminal Defense > I just went to court for a DUI with refusal and lost. I want to file mot...
Asked 4 months ago - San Diego, CA
Flag
The jury deliberated for 2 .5 hrs. just after 2 hrs the jury had a question that they wrote on a piece of paper and the judge read it to counsel on record. The question was
" can we find the defendant not guilty for DUI but find him guilty for refusing the the chemical test?"
The judge wrote back " NO" and sent it with the balif to deliver it to the jury.
I believe that the jury miss understood the judges answer and that is why they ruled Guilty.
I believe that the judge should have called the jury back into court and explained to them that if you find the defendant not guilty of driving then the refusal is a mute point.
In which case the judge inadvertently gave them the wrong answerer and they were forced to give a guilty verdict.
Is this a reason for a motion for new trial?
Did your attorney talk to any of the jurors after the verdict was delivered? Sometimes jurors will stick around and talk to the attorneys about the case. If your attorney was able to talk to some or all of the jurors, he may gotten some information that might be useful in your motion for a new trial. By the way, by asking a judge to grant you a new trial, you asking the judge to admit they screwed up. Not too many judges willing to do that.
In addition to Mr. Neuharth's response I would add that it is vital that your trial attorney objected to the court's response to the question before the judge sent the note back with "NO" written on it. If your attorney did not engage in some kind of debate which made its way on to the record, you may not have a motion for new trial or appeal on those grounds. If the judge would not entertain argument or if he sent his answer back without consulting the parties, that would be arguably an abuse of discretion which could give rise to an issue in a new trial motion or appeal.
Appeal post sentence might be the better option here given the fact the motion for a new trial is heard by the trial judge. But definitely first contact the trial attorney and then possibly a locally experienced criminal defense attorney to discuss the option of a motion for a new trial before sentencing.
Good Luck!
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
