More on Pretrial Motions
Some of the issues a knowledgeable California DUI attorney will consider when preparing to file pretrial motions is whether or not their client’s DUI arrest was lawful, whether their client has
prior DUI convictions, whether their client submitted to chemical testing and if so, were the proper procedures followed, and whether their client was read the
Miranda Warning prior to questioning. Once the
California DUI lawyer fully examines all of the evidence and determines whether or not any of these or other similar irregularities may have occurred, he or she will prepare applicable pretrial motions for filing with the courts. The most commonly filed pretrial motion in DUI cases is the
Motion to Suppress (aka as a Motion in limine). The suppression motion asks the judge to exclude certain evidence from trial, usually on the basis that the evidence was collected in violation of the DUI suspect’s constitutional rights. For instance, if the
California DUI suspect was arrested illegally, then any chemical test results may be inadmissible.
In felony DUI cases, a Motion to Suppress may be entered at the preliminary hearing only if the
California DUI defense attorney has personally served the District Attorney’s office with a written motion at least 5 business days before the actual hearing date. It is important to note that pretrial motions must demonstrate good cause, meaning that the
California DUI defense lawyer must be able to substantiate any claims in the motion with relevant facts. When utilized judiciously, pretrial motions can be powerful strategies in a drunk-driving case.
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