Pretrial Motions
Defense attorneys typically introduce several pretrial motions as part of a strategic DUI / DWI defense. If successful, these motions will help the defense by suppressing evidence that may hurt the defendant’s case, providing insight into the prosecutor’s case, allowing independent forensic experts to analyze chemical test results, and allowing the attorney to learn about any complaints made against the arresting officer. The skilled defense lawyers of www.NotDrunk.com will evaluate each drunk driving case individually to determine the appropriate pretrial motions.
Skilled DUI / DWI defense attorneys will examine whether the arrest was lawful, whether the driver was given a Miranda warning before being questioned, whether chemical tests were conducted properly and accurately, whether the arresting officer has been the subject of prior complaints, and, depending on the state where the arrest occurred, whether prior drunk driving convictions can be stricken to reduce additional punishment.
These requests may be called different names in different states, but are generally known as motions to suppress evidence, gain supplemental evidence through discovery, strike prior drinking and driving convictions, suppress statements made by the defendant, split blood or urine samples for independent testing, and gain access to an arresting officer’s personnel file.
A good defense attorney will start considering potential pretrial motions as soon as he or she begins to review a driver’s case. Pretrial motions can be made during a defendant’s arraignment or at a later date. The judge will then set a hearing date to consider the motions.
Pretrial motions are effective tools in drunk driving defense that help the driver’s prospects at trial. A skilled DUI / DWI defense lawyer from www.NotDrunk.com will use pretrial motions as part of an aggressive defense strategy to effectively fight the case.