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Why are pre-trial motions so critical in DUI cases?

On Behalf of | Feb 22, 2016 | Drunk Driving Charges |

As we have mentioned so many times prior to this, getting a lawyer when you have been accused of driving under the influence of drugs or alcohol is absolutely vital. Today, we’re going to focus in on just one of the details during a DUI case at trial, and why having an attorney during this one step can mean the difference between evidence being allowed, and evidence being deemed inadmissible.

The pre-trial motions during a DUI case are what we are talking about here. This step in the legal process allows either attorney to make a legal motion regarding the case. In DUI cases, these motions are usually motions to exclude certain pieces of evidence, such as physical evidence and breath test results. A claim could also be made that the defendant’s Miranda rights were violated.

Another motion that can be made during a pre-trial hearing is the motion to “strike” a previous DUI from consideration during this case. So, if the defendant has a prior DUI and they are dealing with another one, if the motion is successful, the court won’t take the first DUI into account when taking action on the most recent DUI.

There are no guarantees with pre-trial motions, let alone the case itself. But with an experienced attorney by your side, you can rest assured that your case is being handled properly and in a compliant fashion. Pre-trial motions can be crucial to protecting yourself and your family in the months and years to come.