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Judge’s Role in a DUI Case

Many people have misguided notions about the judge's role in a drunk or drugged driving case; for instance, that they can appeal their driver's license penalties to the judge, or that all judges are subject matter experts in the area of impaired and intoxicated driving. However, this is simply not the case.

The Judge Is Not an Expert

Although many attorneys choose to focus or specialize in one particular area of the law—such as criminal defense, family law or drunk driving defense—the same is not always true of judges. It is true that many judges began their legal careers as trial attorneys or prosecutors; however, their role on the bench is vastly different from that of the prosecutor or defense attorney.

Judges maintain very busy schedules and hear cases involving all different aspects of the law throughout the day. It is not the duty of a judge to be an expert in the science behind blood alcohol testing or the mandated procedures involved in OWI investigations. In fact, judges rely on attorneys to educate them in the nuances of the laws and the legal precedents involved in individual cases.

Role of the Judge

The judge's main responsibility is to maintain order over the legal proceedings and to rule on the legality of evidence provided by the prosecution and the defense. In non-jury trials, the judge will also make a decision once all evidence has been presented. In jury trials, the judge will deliver instructions to the jury members before they adjourn to decide the verdict. If you are found guilty, the judge is also responsible for sentencing, though he or she has no control over the penalties imposed against your driver's license.

Client Reviews
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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.