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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.

Anyone?

Thanks a bunch
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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seems to me the CCA reversed a case with a similar instruction. Check out Lucio, 353 S.W.3d 873
 
Posts: 2130 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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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.
 
Posts: 115 | Location: Denton, TX, USA | Registered: February 15, 2007Reply With QuoteReport This Post
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