Canton Drunk Driving Trial - Judge Plakas, Lowe & Gerou
In a Canton DUI case, the prosecuting attorney is going to introduce the breath test results against you, and tell the jury that these tests are accurate. While that may be true, "may" is not good enough.
Here are some questions that a Canton DUI attorney should ask a jury during the jury selection process:
Here are some questions that a Canton DUI attorney should ask a jury during the jury selection process:
- Do you agree that it is the prosecutor’s burden to show you that the machine is reliable?
- Or, do you believe that the results must be accurate or the court would not admit them?
- Would you all agree that not all machines work properly even though they don’t tell us there is anything wrong?
- Has everyone on the panel used a microwave to heat up a frozen food?
- Have you ever had the food come out cold in the middle?
- Even though the microwave didn’t indicate a malfunction, was the machine working perfectly beyond a reasonable doubt?
- Do you understand that just because evidence is admitted, it is not necessarily reliable (for instance, a witness could lie)?
- Do you believe that if you are to pass judgment on the reliability of the test results, you need some knowledge on how the machine works?
- Do you believe that any machine is perfect?
- Do you think the prosecutor should tell you of any known shortcomings of the machine that could affect the test results?
