San Diego California DUI attorneys are often asked by San Diego drunk driving clients if the judge in a trial can punish the person more for going to trial?

San Diego California DUI Judges often give San Diego California DUI defendants harsher sentences when a defendant goes to San Diego California DUI trial and loses. But this San Diego California DUI penalty practice is clearly prohibited by the case law:

“In our opinion a defendant who pleads not guilty and avails himself of the right to trial cannot be said to have presented a frivolous or bad faith defense even though he presented no evidence on his behalf or, if he presents evidence, even though such presentation is without merit. ‘A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal, . . .’ (§ 1096; See People v. Wells, 33 Cal.2d 330, 346 [202 P.2d 53].) This presumption must be weighed by the trier of fact along with all other evidence in arriving at a verdict or decision, and where the facts in the case are doubtful the presumption is sufficient to turn the scales in favor of an acquittal." (People v. Hill, 77 Cal.App.2d 287, 293 [175 P.2d 45].)

Accordingly, the presumption of innocence not only exists at the inception of the trial but continues throughout the (San Diego California DUI) trial to the conclusion thereof. (People v. Fitzgerald, 14 Cal.App.2d 180, 195-196 [58 P.2d 718]; People v. Barquera, 154 Cal.App.2d 513, 517 [316 P.2d 641]; People v. O'Brien, 106 Cal. 104, 105 [39 P. 325].) It is apparent, therefore, that the presumption of innocence in criminal law carries with it a "built in" defense which negates frivolity or bad faith since, unless it is overcome by proof of guilt to a moral certainty and beyond a reasonable doubt, this presumption is sufficient, in and of itself, to acquit a defendant. (See People v. Yeager, 194 Cal. 452, 486 [229 P. 40].)

We point out, furthermore, that the right of a defendant in a criminal case to rely upon the presumption of innocence is recognized by the emphasis given a defendant as to his concomitant right not to testify. Accordingly, comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt is forbidden as violative of the Fifth Amendment of the federal Constitution. (Grffin v. California, 380 U.S. 609 [14 L.Ed.2d 106, 85 S.Ct. 1229].)

In sum, and in view of the foregoing, we think it is clear that by increasing the penalty in the case of a defendant who chooses to rely on the presumption of innocence, to put the state to the test of proving its case, and to assert his right to a jury trial, one is in effect penalizing a defendant who asserts rights to which he is entitled. (See 66 Yale L.J. 204, 217-218, 221-222.)”See People v. Morales, 252 Cal. App. 2d 537, 546 (Cal. Ct. App. 1967)

“...there can be no question but that an accused cannot be punished by a more [*937] severe sentence because he has unsuccessfully exercised his constitutional right to stand trial rather than to plead guilty.” See Baker v. United States, 412 F.2d 1069, 1073 (5th Cir. 1969) and Weathington v. Wainwright, 486 F. Supp. 934, 937 (S.D. Fla. 1979)

“It is well settled that to punish a person for exercising a constitutional right is ‘a due process violation of the most basic sort.’ The constitutional right to trial by jury in criminal prosecutions is fundamental to our system of justice ; thus, [our Supreme Court has] stated that ‘only the most compelling reasons can justify any interference, however slight, with an accused's prerogative to personally decide whether to stand trial or to waive his rights by pleading guilty.’ ‘A court may not offer any inducement in return for a plea of guilty or nolo contendere. It may not treat a defendant more leniently because he foregoes his right to trial or more harshly because he exercises that right.’” See In re Lewallen, (1979) 23 Cal.3d 274, 278–279 [152 Cal. Rptr. 528, 590 P.2d 383 and In re Edy D., 120 Cal. App. 4th 1199, 1202 (Cal. App. 2d Dist. 2004).

If you have been arrested or cited for a DUI or drunk driving offense that occurred in the San Diego area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case.



An experienced San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, you San Diego DUI criminal defense lawyer will keep you advised every step of the way.



In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.



Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.



The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.



If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.



However, if all proper San Diego procedures were followed - an unlikely event - your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case to the most professional extent.



A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.



A premier San Diego DUI attorney will be one with over 24 years of experience and expertise in San Diego California drunk driving cases. Excellent San Diego court outcomes and satisfied clients will also be illustrative of the talent of your San Diego DUI / drunk driving criminal attorney.



San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, you can read more -Why use San Diego County's Specialist in DUI and DMV Law Or try a Free California DUI Evaluation.