Pre-trial motions are filed with the court by the prosecution and defense before the case goes to trial and after the preliminary hearing. This is the time when boundaries are set for what evidence and testimonies will be allowed in the trial.
The judge will also consider if evidence is sufficient enough to still hold a trial. At this time, it will also be decided whether or not the defendant will be forced to stand trial.
What Tactics Will a DUI Attorney Employ at This Time?
A DUI defense attorney will be working to:
- Prohibit field sobriety test results from trial by proving police administered them in error
- Have any confessions stated by the defendant excluded if law enforcement failed to read the defendant his or her Miranda Rights
- Rule out evidence found during an illegal police search
- Dismiss portable alcosensor test results based on proof of procedure error or other reasons that would produce a false reading
- Disallow testimony from unreliable witnesses, such as a person who has a mental disability
You need to understand your rights in the court room. Much of this is complicated and unnecessary for us to understand in our normal lives. There are people who do this for a living and are experts at it. They are DUI defense attorneys. Hiring one may save your freedom.