If you get arrested for driving under the influence, you're likely to face harsh penalties if you're convicted. However, it's possible to fight your charges even if you think you're guilty. To ensure you get the best outcome, contact a knowledgeable DUI lawyer to help you file a pre-trial motion. This a written documentation your lawyer files with the court requesting the judge to take specific actions regarding your case.
After your lawyer files the motion, the opposing party will need to file a written response. The court will then schedule a hearing date for both sides to argue their case before making a decision. Here are three pre-trial motions your DUI attorney will file to get your case dismissed.
1. Motion to dismiss due to an illegal stop
If a traffic police officer stops you for speeding, they don't have a right to extend their stop beyond the intended purpose without additional facts (probable cause). For instance, if a police officer stops you for poor driving conduct and notices slurred speech or difficulty handling your license, they're right to proceed with investigative techniques like sobriety or breathalyzer tests. However, if you're charged with a DUI without probable cause after a stop, your DUI attorney will file a pre-trial motion to suppress any findings as they surpassed the permissible scope.
2. Motion that a traffic police officer behaved inappropriately
During a DUI stop, a police officer is supposed to act appropriately. The basic procedure entails requesting a driver's license and registration. However, if they have probable cause of incriminating evidence like a strong smell of marijuana, they're justified to search your car without a warrant. But, if their conduct during the search is questionable, like planting the evidence they purport to seize, your lawyer can file a case to review their behavior. If your DUI attorney acquires enough evidence to show a trend in misconduct or that the evidence presented was planted, your DUI case will be dismissed.
3. Motion to suppress statements made by the accused
When an officer pulls you over and arrests you for DUI, you have the constitutional right against self-incrimination (Miranda warning). That said, if you are arrested for DUI and the officers don't give any warning or interrogate you without the presence of a lawyer, this is enough reason for your DUI lawyer to file a pre-trial hearing. In such cases, a judge will determine whether the information obtained was done according to the law. If not, your case will be dismissed.
DUI cases can sometimes be complex. However, if you are confident that your DUI arrest didn't follow due process, you should contact an experienced DUI attorney to get your charges dropped.
For more information, contact a company like Brown & Hilderley PLLC.Share