In our last post, we talked about the many different defense tactics that can viably help someone who has been charged with a drunk driving offense. Today, we’re going to talk about another important part of a person’s defense when they are accused of a drunk driving offense: making a motion before trial.
Pre-trial motions are a major part in any criminal case, not just DUI cases. Before a case goes to trial, either the defense attorney or the prosecution has the ability to make motions to a judge regarding the case at hand. The point of these motions is to, more or less, “set the boundaries” for the case, if not outright have the case dismissed before it even makes it to trial.
As you likely understand, these motions are very important, and in the context of a DUI they can be life-saving for the defense.
For example, the defense could argue that the judge should dismiss certain pieces of evidence on the grounds of negligence on the part of police, or simply because the evidence was obtained illegally.
The defense could also make a motion against other pieces of evidence, such as a possible confession or breath test results, to try to suppress them. In addition, the defense could argue that the police violated the defendant’s Miranda rights.
If you have been accused of driving under the influence of drugs or alcohol, it is vital that you and your lawyer discuss not only your strategy, but the pre-trial motions that you may bring before a judge.