DWI Pre-Trial Motions
There are several parts of a driving while intoxicated (DWI) case: the arraignment, preliminary hearing, pre-trial motions, and the trial itself. If you have recently been charged with drunk driving, it is important to hire an experienced DWI defense attorney to help with your case. A skilled attorney will carefully review your case to determine what pre-trial motions should be filed.
DWI pre-trial motions are filed by both the prosecution and defense in order to help the court define the boundaries for the case. There are several types of pre-trial motions: motion to suppress, discovery motion, motion to strike prior DWI offenses, and pitchness motion.
The motion to suppress evidence keeps certain evidence from being introduced in court. For example, if the police officer did not have probable cause to pull you over, any evidence obtained after the traffic stop may be inadmissible during the trial. Your attorney may also make a motion to suppress the results of your breath test if he or she can prove that the test was unreliable.
A discovery motion is used to obtain additional evidence from the prosecution. The defense is entitled to see the evidence that the prosecution has against the defendant. In most cases, the prosecution hands over all of the evidence to the defense, making this motion unnecessary. However, if the prosecution is withholding key evidence, a discovery motion may be filed.
Because the penalties for a DWI conviction are based on the number of prior convictions, a motion to strike prior DWI convictions can help you avoid increased consequences. This motion would keep any prior convictions within the past ten years from being considered during sentencing.
A pitchness motion allows the defense access to the arresting officer’s personnel file. If the officer has received complaints regarding his or her conduct, this can be used to show that the officer has a history of treating suspects unfairly. The file can then be used to suppress any evidence the officer gathering during your arrest.
The more successful motions you have filed, the more likely it is that your case will be dismissed before going to trial. Contact an experienced attorney today to discuss possible DWI pre-trial motions.