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The Psychology of a DUI Summation

By Edward L. Fiandach

Any trial, and particularly a DUI trial, is a complicated affair. Unlike a murder trial, where the proof consists largely of witness testimony as to how the killing occurred, the proof in a DUI trial will cover multiple and divergent areas such as operation, field sobriety tests, chemical testing as well as the standard for intoxication and reasonable doubt.

Further, the prolix nature of a DUI is further compounded by the fact that even the best jury will never, under any set of circumstances, maintain complete focus during the trial. Additionally, — and again unlike a murder trial — each juror, teetotaler or drinker will have his or her own set of experiences and beliefs about alcohol. In view of these factors, defense counsel must have a solid and convincing summation.

What is a “good summation?” From the standpoint of the defense, it is a thorough review of exculpatory facts delivered in a convincing fashion that emphasizes the existence of reasonable doubt.

Utilizing the Frailty of Hu

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