After the prosecutor and defense attorney have delivered closing arguments in a Florida DUI / DWI trial and the judge has issued jury instructions, the jurors are sent outside the courtroom to deliberate the case.
First, jurors will select a foreperson who oversees deliberations. Then they will begin to weigh all of the evidence presented throughout the trial. They decide which facts to consider, which to discount, and decide how much weight to give to every item of evidence.
It’s imperative for the jurors to follow the instructions given to them by the judge. If any questions arise, the foreperson can send a note to the judge. Jurors are also allowed to view physical evidence if they wish.
After the jurors have deliberated for a while, they will take a vote to see if they have formed a unanimous opinion. If all agree, they have reached a verdict. If they do not agree, they must deliberate further. Once the jury reaches a verdict, the bailiff is notified, and the jurors return to the courtroom.
If the jurors agree on the defendant's culpability, a guilty verdict is returned. If the jurors agree that the defendant is innocent, an acquittal, or verdict of not guilty, is reached.
However, if the jurors can’t reach a unanimous verdict, a hung jury occurs. This is considered a victory for the defense. Many prosecutors choose not to refile a drunk driving case after a hung jury. The prosecutor may instead offer a generous plea bargain. A skilled Florida DUI / DWI attorney may be able to negotiate an generous plea bargain keeping negative consequences to a minimum. |
Court Process
Jury Deliberations
