A drunk driving criminal defense attorney will have the option of filing pre-trial motions in an attempt to have your case dismissed. Common pre-trial motions used are motion to suppress evidence and motion to dismiss. Read on to learn more about common pre-trial motions I utilize on behalf of my clients.
Motion to Suppress Evidence
If your constitutional rights were violated (such as where an illegal search and seizure was performed in which incriminating evidence was obtained against you), a motion to suppress evidence should be filed on your behalf. If the motion is granted, the wrongfully-obtained evidence will be suppressed. This means the evidence will be excluded and the case against you will be weakened and could lead to reduced charges or a possible dismissal of the charges.
Motion to Dismiss
In felony cases, a motion to dismiss should be made if your attorney believes that the evidence presented at the preliminary examination hearing fails to provide probable cause for the charge(s) the prosecutor has filed against you. If the judge grants the motion, some or all the charges against you may be dismissed.
In addition to the motions mentioned above, I also use the following motions for some DUI cases:
- Motions to challenge the stop and suppress evidence obtained following the stop
- Motions to suppress chemical test evidence
Before your case goes to trial, you may have the opportunity to take a plea bargain. A plea bargain occurs when you enter a plea of guilt to a lesser charge offered by the prosecutor. Depending on the evidence asserted against you, including the pre-trial motions filed to suppress or exclude evidence, you may be able to enter into a favorable plea deal.
Do not accept a plea deal without first discussing your legal options with your attorney. Accepting a plea deal can mean an unnecessary criminal conviction, serving unwanted jail time and paying high penalties and fines.
If you or a loved one has been arrested for drunk driving in the Washtenaw County area, contact me for a consultation. You can contact me directly at 734-274-6567.