DUI - Pre-Trial Motions

DUI Police Stop & Arrest | Booking & Bail | The Arraignment | Sentencing

Plea Bargaining | Preliminary Hearings | Pre-Trial Motions | Trials


Pre-Trial Motions

Pre-trial motions are made after the arraignment and before the criminal case goes to trial.

The motions are used by prosecutors and defense alike who usually appear before a criminal court judge to present their motions. Pre-trial motions are used to request things such as certain specific pieces of evidence be kept out of the trial and that certain people cannot or must not testify.

Pre-trail motion hearings are usually relatively short and consist of the judge, the prosecutor and the defense. The motion will be heard and both the prosecutor and defense will have a chance to argue their case.

Upon hearing the motion the judge will then grant (sustain) the motion or deny the motion.

Common pre-trial motions include:

An example pre-trial defense motion in DUI cases is a motion where the defense argues that the Breathalyzer or chemical test result evidence should be suppressed/excluded because the correct testing procedure used by the arresting officer was not followed and the procedure was flawed.

Common pre-trial defense motions relating to DUI include:

Typically motions involve three stages. A notice of motion which can either be in writing or requested orally. The hearing of the motion where prosecutor and defense counsel argue the motion and the judges ruling on the motion which can either be granted or denied.

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DUI Police Stop & Arrest | Booking & Bail | The Arraignment | Sentencing

Plea Bargaining | Preliminary Hearings | Pre-Trial Motions | Trials

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