Pretrial Motions

In drunk driving court cases, DUI / DWI defense lawyers typically introduce one or more pretrial motions before the case goes to trial. If these motions are successful, they will help the defense case by providing more information about the prosecution's case, suppressing evidence and/or statements that can harm the defendant's chances in court, providing an opportunity for a defense expert to analyze chemical test results, or providing information about any complaints against an arresting officer. The defense lawyers at The Kavinoky Law Firm are well-versed in effectively using pretrial motions to help accused drunk drivers win their cases.

Pretrial motions used in a California driving under the influence case might include 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 through something known as a Pitchess motion.

Experienced defense attorneys start considering possible pretrial challenges immediately upon reviewing a driver's case. The defense lawyer might file pretrial motions during the defendant's arraignment or at a later time. The judge will then schedule a hearing on a future date. If the offense is a felony, a motion to suppress may be made at the preliminary hearing only if the defense has served the prosecution with a written motion at least five court days before the hearing.

The issues an experienced DUI / DWI defense lawyer will typically consider when filing pretrial motions are whether the driver's chemical test results were accurate, whether or not the arrest was lawful, whether the driver was given a proper Miranda warning before being questioned, whether the arresting officer has received prior complaints, and whether any prior drunk driving convictions within the past 10 years can be struck from the record to reduce potential punishment.

Pretrial motions are ammunition in a drunk driving defense lawyer's arsenal. A California attorney who focuses on DUI / DWI defense will use pretrial motions as part of a strategic defense plan designed to create reasonable doubt in the driver's guilt and minimize or eliminate the repercussions of a driving while intoxicated arrest.