Ok guys, I've got a trial beginning tomorrow in Galveston county - DWI. Myself and the defense attorney had a knock down drag out today about my voir dire questions which amounted to me asking the jury panel if anyone had a fundamental issue with the implied consent law. I.e. refusal can be admissible as evidence of guilt against D. He flipped out saying that's false, and I maintained that it's correct.
Judge wants a paragraph in the jury charge about implied consent in order to set the jury straight. Never heard of it, but not sure it isnt good for me.
Thanks a bunch
seems to me the CCA reversed a case with a similar instruction. Check out Lucio, 353 S.W.3d 873
I know that our jury charges have changed over the past 10 years, as case law dictates: When I started, "Refusal can be considered as evidence of GUILT". Years later, "Refusal can be considred as evidence of INTOXICATION." Currently, "Refusal can be considered as EVIDENCE."
Anything outside the DIC-24 is likely an improper comment on the evidence.
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