DUI Pre-Trial Motions Lawyers
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What Are DUI Pre-Trial Motions?
Pre-trial motions are tools used by the government and defense attorneys in an effort to set the boundaries for trial. These motions are arguments put forth by both sides to help the judge decide what physical evidence and testimony can be used and what legal arguments can be made at trial. These motions also help the judge decide if there is any reason the defendant should not stand trial.
When Do DUI Pre-Trial Motions Occur?
Pre-trial DUI motions occur after the preliminary hearing, but before a criminal case goes to trial.
What Typical Arguments Are Made During Pre-Trial Motions?
In a DUI prosecution, there may be several motions made, but the common arguments are:
- Evidence should be excluded on the basis that the evidence found was tainted by an illegal search.
- Confession made in regard to the DUI arrest by a defendant at the scene or afterwards should be excluded on the basis that the police failed to advise the suspect of his Miranda rights.
- A breathalyzer test result should be excluded, because the testing actions and procedure used by the arresting officer were clearly flawed.
- A ‘scientific evidence argument’ - meaning whatever scientific test was used to check the defendant should be considered invalid as it does not accurately demonstrate that the defendant was intoxicated.
Should I Contact a Lawyer Regarding My DUI Pre-Trial Motion?
Only an experienced DUI attorney is going to have a firm grasp on the correct pre-trial motions to make to help you with your DUI charges. In addition to the common arguments above, there are many valuable pre-trial motions that a DUI attorney can make that may help you receive reduced penalties or avoid facing criminal charges altogether.
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Last Modified: 04-28-2014 02:50 PM PDT
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