DUI / DWI criminal defense attorneys usually introduce several pretrial motions in a drunk driving court case. Successful pretrial motions aid the defense case by suppressing evidence, providing more information about the prosecution’s case, permitting experts to analyze chemical test results, and allowing the attorney to learn more about any complaints made against an arresting officer.
Some common pretrial motions in a DUI / DWI case are motions to suppress evidence, gain supplemental evidence through discovery, split blood or urine samples for independent testing, strike prior drinking and driving convictions, suppress statements made by the defendant, and/or gain access to an arresting officer’s personnel file.
A skilled defense attorney begins to consider pretrial motions during an initial review of a client’s case. Many pretrial motions are launched during the defendant’s arraignment. The judge will then set a hearing date to consider the motions.
There are many pertinent issues to explore when devising a strong DUI / DWI defense, such as whether or not the arrest was lawful, whether the driver was given a proper Miranda warning before being questioned, whether the driver’s chemical test resultds were accurate, whether thes arresting officer has received complaints, and whether any prior drunk driving convictions within the past 10 years can be stricken to reduce additional punishment.
When used judiciously, pretrial motions are a powerful tool in DUI / DWI defense. An experienced Florida drunk driving criminal defense attorney will incorporate strategic pretrial motions into a comprehensive strategy designed to protect the defendant’s rights and prevent negative consequences after an arrest for drinking and driving. |