Section 15.25 Sample Opening Statement

• Library: DWI 2014 FORMS

Defense

An example of a defense DWI-related charge opening statement would be:

Ladies and gentlemen of the jury, performance does not match the alleged “results” in this case. Good afternoon. As the prosecutor has told you, my name is Steve Smith, and I represent Joe Driver. My job is to represent Mr. Driver and to make sure that he is given all of his rights that are guaranteed to him by the United States Constitution and the Missouri Constitution. At this time, I want to remind you of what her Honor has already instructed and what will again be told to you at the end of this case: Mr. Driver and I do not have to prove anything to you today. That is the job of the prosecutor. The prosecutor must establish and prove every single element of the crimes that she has charged. Mr. Driver does not have to do a thing. In fact, Mr. Driver and I could sit here and not say a word throughout the entire trial and if you do not believe a material element of the offense charged has been proven by the prosecutor, then you should find my client to be not guilty. However, having said that, I will tell you that Mr. Driver does intend to put on a defense because he wants to...