Does anyone have any good voir dire questions for an intoxic. mans. case when both driver and deceased were out partying and drinking together?

Any help would be great!

Thanks,
Scott Greenbaum
ADA, Del Rio, Texas
svgreenb@lawyer.com
Fax 830-775-0352

Question: What difference, if any, does it make that the passenger voluntarily entered the car with someone he/she should have known was too drunk to drive?
Does the fact that the victim could have avoided injury by refusing to get in the car somehow mitigate the defendant's responsibility?
Different jurors will have varying opinions on these issues. You'll want to find the ones who are going to put more blame on the victim for his own injuries.

Were they in Defendant's car? If so, you can talk about things like designated drivers. If it is victim's car and his BAC is higher than Def's, then you can talk about friends going out and the misplaced trust in Def as capable of getting them home.

Your question was about voir dire, but be prepared for the possibility, if your facts are good (they usually are for these), that the defendant will plead guilty to the jury - which you may not find out until after you voir dire and spend all your time on guilt issues.

Wes's question will get the folks who are less likely to vote guilty because your hero only killed his buddy, and those who will reduce his punishment because of it. The defense in that case will be, "I am really sorry and will have to live my life with the guilt of causing my friend's death (so do not punish me hard / give me probation)."

Your response can include some variation of "broken trust", "personal responsibility" (which the jury will view Defendant as accepting since he pled guilty), and "but the victim is dead and Defendant is not."

It will help to have everything you can about Defendant's driving history. You will have his CH, but do not forget about moving violations, no insurance tickets, etc. Also, how often is going out drinking part of Defendant's normal behaviour? And I forget the details now, but I think it was a Bexar County prosecutor who got to put on evidence of Def picking up some beer on his way home after the guilty verdict for his Intox offense. How's that for punishment evidence?

Who should not be protected from an impaired driver? This question could lead to discussions of other impaired drivers who are on the road, walking near the road or riding with the defendant. Follow up by asking, absent some test or evaluation, who is the one person uniquely situated to know his level of itoxication...