Defense Closing Argument

Once both the defense lawyer and the prosecutor have presented their cases in a California DUI / DWI trial, both sides deliver closing arguments. For a skilled drunk driving criminal defense attorney from the Kavinoky Law Firm, this is an excellent opportunity to demonstrate to jurors that the prosecutor has not met the burden of proving each element of the case beyond a reasonable doubt.

The prosecutor is allowed to argue both first and last because he or she has the burden of proving the defendant's guilt beyond a reasonable doubt. When the prosecutor has given a closing argument, the defense attorney will deliver a strong closing argument, and then the prosecutor is allowed to deliver a rebuttal. This may seem somewhat unfair to the accused drunk driver, but a carefully crafted closing argument by an experienced defense lawyer will address any questions the prosecutor poses to the jury.

One of the most critical aspects of a strong closing argument is to remind the jury of their duty to acquit the driver if the prosecutor has not proven every element of the case beyond a reasonable doubt. This is crucial, because savvy prosecutors often lead jurors to believe that the defendant must prove his or her innocence. Even though the jury instructions state directly that the prosecution, not the defense, carries the burden of proof, jurors sometimes forget this critical point in the presence of a smooth-talking prosecutor.

It's equally important for the defense attorney to point out to jurors that in circumstantial evidence cases with two reasonable views of the evidence, the jury must accept the one that points to the defendant's innocence. A skilled DUI / DWI defense lawyer will use this mandate to cast doubt on every aspect of the prosecutor's case. For example, if police testified that the defendant performed badly on a field sobriety test because he or she had been drinking, and the defense introduced equally compelling evidence that the driver's physical impairment was caused by an injury or illness, the jury must accept the explanation that points to the defendant's innocence.

A knowledgeable defense lawyer will always point out holes in the prosecutor's case and stress alternative explanations presented by the defense during closing arguments. The DUI / DWI defense attorney will also remind the jury about the testimony of defense witnesses, including the defense expert, the defendant, or any alibi witnesses. Finally, the defense lawyer will remind jurors about the oath they took to follow the law, and the jury instructions they will receive.

The defense lawyer's closing argument is particularly effective when he or she has built a rapport with the jurors and succeeded in gaining their trust. This communication process starts long before closing arguments - a skilled defense lawyer begins building a rapport during jury selection, and builds on that connection throughout the trial.

A practiced California DUI / DWI criminal defense lawyer will develop an effective closing argument that reminds jurors of the prosecutor's burden of proof, summarizes the defense case, and incorporates the jury instructions. He or she will then ask the jury to render a just and fair verdict of not guilty.