DUI Pre-Trial Motions
There are several stages to the court proceedings following a DUI arrest: arraignment, the preliminary hearing, pre-trial motions, and the trial itself. If you have recently been arrested and charged with drinking and driving, it is crucial for you to have legal representation during all four stages. After all, the consequences of a DUI conviction include community service, the loss of driving privileges, probation, fines, and potentially jail time.DUI pre-trial motions take place after the preliminary hearing. These motions are used by the state and your defense attorney to establish the boundaries for the actual trial. The motions filed by the prosecution and defense help the judge determine the testimony and evidence that may be used and which legal arguments are permissible during the trial. During this phase, the judge may also dismiss the case if he or she sees any reason why the case should not go to trial.
While there are many motions that can be made in a DUI case, the most common motions are listed below.
Illegal Search and Seizure - In order to search a driver and/or a vehicle, the police must have probable cause. If the defense attorney can show that an illegal search was conducted, the evidence obtained may be inadmissible in court.
Miranda Warning - Miranda warnings are used to inform a suspect of his or her rights following an arrest. If the suspect is never advised of his or her Miranda rights, any incriminating statements made after an arrest may be inadmissible in court.
Inaccurate Breath Test - There are many known problems with breathalyzer tests. The defense attorney may request that the results from the test be excluded if it can be shown that the testing equipment or administration of the test was flawed.
Scientific Evidence Argument - The defense attorney may also use the scientific evidence argument, meaning that the “scientific test” used to inspect the defendant should be viewed as invalid, because it does not accurately prove that the defendant was intoxicated.
As you can see, there are many motions that may be filed on your behalf during a DUI case; however, only an attorney experienced in DUI law will know which pre-trial motions will help you. The correct DUI pre-trial motions can even help you get out of the DUI or have your charges minimized.
