DUI From the Perspective of a Judge

by attorneyscottcampbell

DUI From the Perspective of a Judge. I am a pro-Tem Justice of the Peace.  That means I fill in for another Judge when he needs help.  In that role, I do formal plea agreements, preside at hearings on motions, and even preside at jury trials.  I am often asked how I can be a defense attorney one day and a Judge the next.  The simple answer is I believe in the system when all parts are working like they should.  But, I don’t appear as an attorney in the Court I am a Judge in.  I take off my “attorney hat” and put on my “Judge hat.”

DUI From the Perspective of a Judge

Being a Judge is not as easy as it looks.  Both the prosecutor and the defense lawyer are doing their best to argue their case.  Neither is lying, but they see facts from different perspectives and both are arguing the law, or sometimes different laws, to show the facts in a different light.  At a hearing, I am not judging whether the defendant is a nice person or not (most are nice people who had a bad day), but to decide what the facts are and how the law applies to those facts.  I really try to get it “right,” knowing any decision can be appealed to a higher Court. 

DUI From the Perspective of a Judge

When you are in Court, the Judge doesn’t like or dislike you. In the few minutes, you are in front of the Judge you are very important to him.  He does care, he just has a job to do.  In a day, he won’t even remember your face, but he may remember the facts of the case. 

At a jury trial, the burden of making the big decision – guilty or not guilty – belongs to the jury.  But, I am happy about that.  You see, the slam dunk cases are handled without a trial.  The really weak cases are never filed or are pled to something lower than a DUI.  It’s only the close ones that go to trial.  I know the prosecutor thinks he will win, and I know the defense attorney has an argument that he thinks will get a not guilty verdict.  I don’t envy juries.  They have a tough job.

If you have read through all these series of posts I hope you have gained some insight into the way each cog in the wheel of a DUI case looks at it, the motivations, and the realities that each must accept.  If you are charged with a UDI, call me.  I probably have a better knowledge of the system than most.

This concludes this 5-part series on DUI.

If you have been charged with DUI in Tempe or anywhere in the Phoenix area; contact me for a free consultation to discuss your legal rights.

DUI From the Perspective of a Judge

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