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 help the judge decide what physical evidence and testimony can be used and what legal arguments can and cannot be made at trial. Finally, they 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 case there may be many motions made, but the primary arguments are as follows: - Many defense lawyers will request that certain DUI related evidence should be excluded on the basis that the evidence found was tainted by an illegal search
- Many defense lawyers will request that a 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 defense lawyer can argue that a Breathalyzer test result should be excluded, because the testing actions and procedure used by the arresting officer was clearly flawed
- Many defense lawyers will argue what is called the ¿scientific evidence argument¿ ¿ that is, whatever scientific test was used to check the defendant should be considered invalid as it doesn¿t accurately describe what it purports to describe, namely 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. There are many valuable pre-trial motions that a DUI attorney can make not mentioned above that may help you get out of the DUI altogether or at least get the charges reduced. |
 |
