California Criminal DUI Case: Pre-Trial Motions

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  1. » Investigative Considerations
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  3. » Pretrial Motions:
  4.    Suppress DUI Evidence
  5.    Motion for Discovery
  6.    Pitchess Motions
  7.    Blood Sample Motion
  8.    Motion to Strike Prior
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In a California criminal DUI trial, a criminal defense attorney will typically introduce several motions before the case goes to trial. These motions, if they succeed, will aid the defendant and the defense lawyer by suppressing evidence and statements that may harm the defendant’s case.

Pre-trial motions will provide more information about the prosecution's case, allowing independent experts to analyze chemical test results, or permitting the defense attorney to learn more about any complaints made against an arresting officer.

Pre-trial motions may include:

• A request to a judge to keep out evidence at a trial or hearing through a Motion to Suppress Evidence;
• Gain supplemental evidence through Motion for Supplemental Discovery;
• A request to split blood or urine samples for independent testing;
• A motion to strike prior convictions such as prior DUI conviction;
• A motion for access to information in the personnel file of an arresting police officer through what is known as a Pitchess Motion.
• A motion to suppress statements because of Miranda Violations

Criminal defense lawyers begin considering pre-trial motions immediately when reviewing a driving under the influence (DUI) case. Most pre-trial motions are made during the defendant's arraignment. The judge will then set a hearing date to consider the motions.

The issues DUI defense lawyers consider when preparing pre-trial motions are whether or not the arrest was lawful, whether the driver was given a proper Miranda warning before being questioned, whether the driver's chemical test results were accurate, whether the arresting officer has received prior complaints, and whether any prior DUI convictions within the past 10 years can be stricken to reduce additional punishment.

Pre-trial motions are an effective tool in DUI defense. A California criminal defense attorney who focuses on DUI cases will develop an aggressive defense strategy using pre-trial motions to effectively fight the case.