- Wednesday, 13 June 2012 11:17
There are many ways of winning a DUI case
, and one way is to fight the case with “motions”. Motions are pleadings filed with the court asking it to throw out the case entirely or limit evidence that the State can use against the defendant.
The most common motion I use is called a Motion to Suppress.
This motion serves 3 purposes. First, it could possibly win the entire case, such as when the court rules the stop illegal. Second, it allows me to cross examine the cop to see if he/she can actually articulate why the defendant was arrested for DUI
, whether they followed their training, and so forth. This is especially important in cases where there is no video of the arrest. I can cross examine the officer and many times show the State that the officer did not follow basic operating procedures for a DUI arrest, or doesn’t make a good witness. Finally, sometimes the officer fails to appear for the hearing and the case gets thrown out.
One of my most recent cases shows the importance of motions: my client was stopped for weaving, supposedly failed all of the field sobriety tests
, and registered a BAC (blood alcohol content)
of .08 on the breath test. At the motions hearing, the officer was unable to remember or articulate my client’s physical appearance, could not articulate how he administered the field tests, and most importantly, NEVER testified that he read the implied consent warning
(the warning needed as a prerequisite BEFORE admission of any State breath test). As a result the .08 was excluded from evidence. After the hearing, the State approached me and offered a dismissal of the DUI in return for a plea to reckless driving. My client readily accepted the reduced charge, and the case was over without the further expense of a jury trial for my client.
Motions are an important tool in aggressively defending DUIs, and any good DUI attorney
should use motions on most DUI cases. To learn more about the DUI defense and other traffic related services I offer visit my website and continue to read by blog. Connect with me on Facebook
for access to the latest traffic offense news and updates.