Bristol Myers


Criminal Law Austin, Texas

Legal Resources

The Application of “Reciprocation” to a DWI Trial

In order to successfully utilize the psychological principle of reciprocation, a person should try to be the first party in a transaction to provide some type of service, information and/or concessions. Normally, when this takes place, the other party on the opposite side of the transaction will feel some sense of obligation to reciprocate. That said, with respect to a drunk driving trial, the question will be, “What service, concession or information does your Austin DWI defense lawyer have to share with the jurors prior to them getting it from the court (or, even worse, from the attorney for the state) that will make them feel obligated to give something back to you?”

You might be surprised to learn that a defense lawyer in a DWI case has a great deal to offer jurors. For instance, since jurors tend to get bored, an Austin DWI defense lawyer will start things off by providing them with a bit of entertainment, or at the very least, he or she will keep things interesting. Also, jurors are usually pressed for time, so providing them with a more concise trial will be a much appreciated gift. Similarly, some jurors might be overwhelmed by the amount of information that they have to deal with in a case that alleges that a person was driving while under the influence of alcohol or drugs. In that instance, a good Austin DWI defense lawyer will provide them with simplicity.

Each one of these “gifts” should be offered in a way that unmistakably lets the jury know what is taking place. For instance, if, during jury selection, a juror states that he or she won’t be able to sit through two days of testimony due to a pressing business problem, your Austin DWI defense lawyer can provide that juror with the gift of respect by asking the court to excuse her. Likewise, if a juror’s body language during jury selection suggests that the juror wants to say something, but is being ignored, your Austin DWI defense lawyer can alert the court to this fact, and both the judge and the juror will be appreciative of the effort.

If you believe that you would benefit from having the services of an Austin DWI defense lawyer to handle your upcoming trial, please call Bristol Myers at (512) 478-2100 for a free consultation.

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