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How do I request a jury trial?

The judge convicted me of driving under the influence of alcohol. I don't believe it was fair so how do I get that dismissed and a new trial where the jury can decide. Doesn't every American have the right to a trial? Was it legal for the judge to just convict me like that?


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    Dan Fenaughty | Fenaughty & Associates, PC
    2 N Cascade Ave.
    Colorado Springs, CO 80903
    (719) 277-6626
    You have the right to trial by jury. Unless you pleaded guilty or chose for trial to the court (judge), that right remains. You also have the right to counsel. In which county court did you appear?
    Answer Applies to: Colorado - Replied: 3/25/2013
    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    In order to have had a judge decide your case you had to have waived the right to a jury trial. It is difficult to understand how you could not have been aware of that since it has to happen in open court. Did you have an attorney? If so ask him or her how it happened. If you didn't you have now provided the best reason for not representing yourself.
    Answer Applies to: California - Replied: 3/23/2013
    David Akulian | Not Guilty In DC
    10 G St. NE #710
    Washington, DC 20002
    (800) 408-0919
    In Washington D.C., you only have the right to a jury trial where the penalty on a particular charge is potentially greater than 180 days in jail or when the total time from all charges in a case is greater than 2 years in jail. This is the federal standard. So you can make a motion for new trial, but will not get a jury in the second DUI trial.
    Answer Applies to: District of Columbia - Replied: 3/23/2013
    Maurice Ross | Barton Barton & Plotkin
    420 Lexington Avenue
    New York, NY 10170
    (973) 896-7190
    The right to trial by jury only applies to felonies or offenses where you could go to jail for more than a year. There is no jury trial right for misdemeanor offenses like DUI.
    Answer Applies to: New York - Replied: 3/23/2013
    Terry Nelson | Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648
    (714) 960-7584
    how do I get that dismissed? You don't. You could file a motion to set aside the plea and conviction, or file an appeal, if timely and you have proper legal and factual grounds to support those, and are willing to hire counsel to do so. You apparently plead guilty or no contest in a plea bargain or in a submission to the court. You had to have waived you right to trial and other Constitutional protections as part of that process.
    Answer Applies to: California - Replied: 3/22/2013
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