Before the jury is seated
Many important rulings come before trial begins. Suppression hearings can decide whether evidence such as statements, test results, or observations may be used. The judge also resolves disputes about what witnesses may say and which records come in. In New York, a misdemeanor DWI case can be tried before a jury, although some lesser charges are decided by a judge alone. Choosing between a jury and a bench trial, when that choice exists, is a strategic decision made with counsel. Trial dates can move more than once, so preparation has to stay current while the calendar shifts.
The witnesses and the evidence
The prosecution usually calls the arresting officer and, where a chemical test was given, the person who ran it or a laboratory analyst. Video from patrol cars, body cameras, or the station often plays a central role, and jurors tend to watch it closely. The defense cross-examines those witnesses, may challenge how the evidence was gathered, and can call witnesses of its own, such as people who saw you before you drove or a retained toxicologist. You have the right not to testify, and the decision whether to take the stand is yours, made after we discuss it in detail.
How a verdict can come out
A jury or judge considers each charge separately and may convict on one count while acquitting on another. In some New York DWI trials, the factfinder can consider a lesser offense, such as driving while ability impaired, instead of the main charge. A not-guilty verdict ends the criminal case, but it does not automatically undo a DMV refusal finding. If there is a conviction, sentencing usually comes at a later date, and appeal options are reviewed then. Before trial, we talk through each of these possibilities so the decision to go forward is an informed one.
