Voir Dire

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  1. Introduction
  2. “Vehicle” and “Motor Vehicle”
  3. “Drive”
  4. “Drugs”
  5. “Legal Limit”
  6. Open Container
  7. Driving Under the Influence (DUI)
  8. Driving Under the Influence Per Se (“DUI Per Se”)
  9. Driving While Ability Impaired (DWAI)
  10. Second and Subsequent Offenses
  11. Underage Drinking and Driving (“UDD” or “Baby DUI”)
  12. Strict Liability
  13. Juveniles and Minors
  14. Evidence of Impairment
  15. Standardized Field Sobriety Tests (SFSTs)
  16. Drug Recognition Experts (DREs)
  17. Expressed Consent
  18. Breath Tests
  19. Blood Tests
  20. Prima Facie Case Requirement
  21. Preparing for Trial
  22. Voir Dire
  23. Expert Testimony
  24. Proving Chain of Custody
  25. Double-Refusals

Voir Dire in impaired driving cases, as in all cases, removes biased jurors and frames the case for the jury in a way that helps them see the facts the way you do and helps your factual and legal theory prevail. In impaired driving cases, the voir dire should primarily focus on the strengths of your case and overcoming the anticipated defenses.

Impairment

      • What are some common indicia of impairment?
      • What does driving under the influence look like?
      • How do people under the influence behave? Look? Smell?
      • Do impaired people all behave the same way?
      • Have you ever seen someone under the influence? How did you know they were under the influence without seeing the results of a chemical test?
      • What are some examples of impaired judgment?
      • What are some different levels of impairment? Are these all still examples of impairment?
      • Would you get into the car with a driver under the influence? Let them drive?

Refusals

      • Why would someone refuse to do SFSTs?
      • Why would someone refuse a chemical test?
      • How important is your driver’s license? What would it take for you to give it up?
      • What evidence would you expect to see in a case where a defendant refused?
      • Why cannot the prosecution show you the results of a chemical test? Who decided that?

Driving

      • What is the purpose of laws that prohibit driving under the influence?
      • Why doesn’t the law require the prosecution to prove the vehicle moved?
      • What are examples of things that demonstrate someone’s physical control over a vehicle? (turn on the car, radio on, heat on, etc.)
      • Why doesn’t the law require the prosecution to prove the defendant intended to drive?
      • What would be the defense if the law required the prosecution to prove intent to drive under the influence?

Mental State

      • Why do you think the legislature made DUI a strict liability offense?

As you prepare for your voir dire, think about your case and why you believe the defendant is guilty. Why do you believe the facts meet the elements? Where might the jury disagree with you or be confused about certain elements? If your case lacks evidence, why, and is that your fault or the product of the defendant’s actions?

Voir dire is difficult to do effectively, even for veterans. Before a case, consult prosecutors more experienced about the topics you should be addressing in voir dire. Remember, however, that you are the expert on your case, and that you will be the person conducting the voir dire with the jury.

Consider practicing voir dire on your colleagues, friends, and family. Their reactions and perspectives can give you good ideas for how to better approach your voir dire in any case.

Resources

CDAC Videos

Jury Selection in a DUI Case