Jacksonville Jaguar Brian Williams was tried for DUI. (also referred to as Driving Under the Influence, DWI, or drunk driving) The Jacksonville police said Williams went on a racial, sexist, and profanity-laced tirade in the back of the police car on the way to jail. The judge would not allow the jury to hear those statements allegedly made by Williams.
Under the 2007->Ch0090->Section%20403#0090.403″target=”_blank”>Florida Evidence Code, Section 90.403, relevant evidence cannot come in at trial if the probative value of the rant is substantially outweighed by the danger of unfair prejudice. The State Attorney argued that the rant showed Williams’ was impaired by alcohol. The criminal defense attorney said that the substance of Williams’ tirade will prejudice the jury against him unfairly. A Duval County judge has a large amount of discretion to decide that evidence comes in and what doesn’t. The judge considers the strength of the evidence to prove that Williams’ was impaired, the availability of other ways to prove Williams’ was impaired, and the likelihood the jury will be misled by the evidence.
If you have any questions regarding criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.