Worcester County OUI Acquittal Rates by Judges
Many have taken an interest in the Boston Globe article referencing the percentage of jury-waived acquittal rates by judges on OUI cases in Worcester County. Despite this public critique, the standard for finding someone guilty or not guilty remains the same whether the case is tried in front of a jury or a judge, according to dui attorney Shane W. Surrette of Worcester, MA. The question is whether or not the government has proven beyond a reasonable doubt and to a moral certainty that the person operated his/her motor vehicle on a public way at a time his/her ability to operate a motor vehicle safely was impaired, or with a blood alcohol content of .08 or above.
If the fact finder, being either a jury or judge, decides that the government has failed to prove the OUI case beyond a reasonable doubt, then the person charged must be acquitted. If, however, the fact finder decides that the government has proven the case beyond a reasonable doubt and to a moral certainty, then the person charged should be found guilty.
The decision as to whether to try a case in front of a judge or jury is solely within the province of the person charged. Since the standard of proof is the same regardless of whom the case is tried in front of, it is important to have an experienced Worcester County OUI Lawyer on your side when making the decision on whether to have your case proceed in front of a judge or jury.