Chicago DUI lawyer answers the question why would you go to trial on a DUI?

Today I was able to speak to a woman who was dismissed from a jury trial. As we were leaving, she decided to follow me and started to talk about being glad she wasn't chosen for the jury. She said she didn't have the time to take off from work. I told her she probably wouldn't be in trial for more than a few days because it was a DUI. That's when she said, "I know, but I just couldn't understand why anyone would go to trial on a DUI." I will admit to being a bit taken aback but I think I managed not to let it show. I responded truthfully, "because the person isn't guilty."

Why was I taken aback by her question? It never crossed my mind that ordinary citizens would assume, at least in this country, that once a person is charged with a crime, they are guilty. I have said to more than one prosecutor, if a person is guilty once the police say so (even if you discount corruption amongst some cops), then there is no need to have a judge, a prosecutor, or a defense attorney. Yes, there are countries in the world that effectively operate just like that. Once you are accused by the police you just settle in for a long prison term, if not worse.

I want to thank that dismissed juror for reminding me that not all of us understand how our democracy works. Even better, its a chance to learn from each other that there is the possibility that the police were mistaken when charging someone with a DUI.